Adopting Employers Sample Clauses
Adopting Employers. Check here x if there are additional adopting employers and complete the “Adopting Employer Addendum.”
Adopting Employers. Each of the employers controlled by or affiliated with the Plan Sponsor and listed below is an Adopting Employer. Each Adopting Employer participates in this Plan. Any additional Adopting Employer’s agreement to participate in this Plan shall be in writing. An Adopting Employer has no rights or privileges under this Plan. If the Adopting Employer did not maintain its plan before its date of adoption specified below, its date of adoption shall be the Entry Date for any of its employees who have met the requirements in the Active Participant Section of Article II as of that date. Transfer of employment, without interruption, between an Adopting Employer and another Adopting Employer or the Employer shall not be considered an interruption of service. However, for the purposes of the Temporary Limitation Of Benefits Section of Article IV, the employees of each Adopting Employer are considered separately in determining the highly paid employees under the Plan. The date the Adopting Employer’s plan was originally effective shall be substituted for the date the Plan was originally effective. If the Adopting Employer did not maintain its plan before its date of adoption specified below, its date of adoption shall be the date its plan was originally effective. Forfeitures arising from an Adopting Employer’s Contributions shall be used for the benefit of all Participants. An employer shall not be an Adopting Employer if it ceases to be controlled by or affiliated with the Plan Sponsor or if such an employer establishes a separate retirement plan for its employees and receives a transfer of assets and liabilities from this Plan with respect to such separate retirement plan. If an employer ceases to be an Adopting Employer and does not continue a retirement plan for the benefit of its employees, partial termination may result and the provisions of Article VII apply. Nazarene Theological Seminary August 1, 1979 Nazarene Compassionate Ministries, Inc. October 6, 1990 Church of the Nazarene Foundation February 20, 2003
Adopting Employers. An affiliated entity of the Sponsor that has adopted the Plan in accordance with its terms shall become a party to this Agreement by delivering to the Sponsor and the Trustee a certified copy of a resolution of its board of directors or governing body to the effect that it agrees to adopt the Plan, to become a party to this Agreement, and to be bound by all the terms and conditions of the Plan and this Agreement. The Sponsor shall have the sole authority to enforce this Agreement on behalf of any such affiliated entity and the Trustee shall in no event be required to deal with any such affiliated entity except by dealing with the Company as its agent. Irrespective of the number of affiliated entities which may become parties to this Agreement, the Trustee shall in all respects invest and administer the Trust Fund as a single fund for investment and accounting purposes without allocation of any part of the Trust Fund as between the Sponsor and any such affiliated entity. An affiliated entity that has adopted the Plan shall cease to be a party to this Agreement upon the Sponsor delivering to the Trustee a certified copy of a resolution of such affiliated entity's board of directors or governing body terminating its participation in the Plan. In such event, or in the event of the merger, consolidation, sale of property or stock, separation, reorganization or liquidation of the Sponsor or of any such affiliated entity, or in the event of the establishment, modification or continuance of any other retirement plan that separately or in conjunction with this Plan qualifies under section 401(a) of the Code, the Trustee shall continue to hold the portion of the Trust Fund that is attributable to the participation in the Plan of the employees and their beneficiaries affected by such termination or by such transaction, and this Agreement shall continue in force with respect to such portion, until otherwise directed by the Committee, in accordance with the provisions of the Plan and ERISA. SEVENTEENTH: ALIENATION. No interest in the Trust Fund shall be assignable or subject to anticipation, sale, transfer, mortgage, pledge, charge, garnishment, attachment, bankruptcy or encumbrance or levy of any kind, and the Trustee shall not recognize any attempt to assign, sell, transfer, mortgage, pledge, charge, garnish, attach or otherwise encumber the same except to the extent that such attempt is made pursuant to a court order determined by the Committee to be a qualified dom...
Adopting Employers. (Identify Adopting Employers below.)
Adopting Employers. Note: The Code requires minimum coverage requirements for retirement plans of Controlled Groups and Affiliated Service Groups. If you are a member of such a group, you may use this item to identify the other employers in the group whose Employees may become Members. If an employer listed below does not evidence the establishment of the separate plan or the agreement to participate in writing, you and the other Adopting Employers must contribute on behalf of its Employees who are Active Members. Affiliated firms which are not a part of a Controlled Group or Affiliated Service Group may also become Adopting Employers.
