Aggregation of Plans. If the Plan Sponsor offers non-account balance deferred compensation plans in addition to the Plan, those plans, together with the Plan, shall be treated as a single plan to the extent required under Section 409A.
Aggregation of Plans. If the Bank offers other non-account balance deferred compensation plans or agreements in addition to this Agreement, those plans and agreements together with this Agreement shall be considered as a single plan to the extent required under Code Section 409A for any purposes under the Agreement as Code Section 409A shall require.
Aggregation of Plans. In the event that this Plan satisfies the requirements of Sections 401(m), 401(a)(4) or 410(b) of the Code only if aggregated with one or more other plans, or if one or more other plans satisfy the requirements of such sections of the Code only if aggregated with this Plan, then this section shall be applied by determining the Contribution Percentage of Employees as if all such plans were a single Plan. For Plan Years beginning after December 31, 1989, plans may be aggregated in order to satisfy Section 401(m) of the Code only if they have the same Plan Year.
Aggregation of Plans. If the Plan and any other plan or plans to which Section 401(m) Contributions are made are considered as one plan for purposes of section 401(a)(4) or 410(b) of the Code, the Plan and those plans are to be treated as one. The Actual Contribution Ratio of a Highly Compensated Employee who is eligible to participate in more than one plan of an Affiliated employer to which employee or matching contributions are made is calculated by treating all the plans in which the Employee is eligible to participate as one plan. However, plans that are not permitted to be aggregated under Regulation section 1.410(m)-1(b)(3)(ii) are not aggregated for this purpose. The Plan may not be permissively aggregated with another plan for ACP testing purposes if the other plan applies inconsistent testing methods. For example, the Plan may not be aggregated with a plan that applies the current year testing method.
Aggregation of Plans. In the event that this Plan satisfies the requirements of section 410(b) of the Code only if aggregated with one or more other plans, then this Article III shall be applied by determining the “average deferral percentage” and “contribution percentage” of Members as if all such plans were a single plan. Plans may be aggregated under this Section 3.5.2 only if they have the same plan year.
Aggregation of Plans. For purposes of determining whether the Plan is a Top Heavy Plan for any Plan Year, all Employers required to be aggregated and treated as one Employer under Sections 414(b), (c) and (m) of the Code shall be so treated under this Section. In addition, any pension or profit sharing plan qualified under the provisions of Section 401 of the Code, which is then maintained by the Employer (except those plans applicable exclusively to employees described in Section 410(b)(3) of the Code) in which a Key Employee participates or which enables a plan in which a Key Employee participates to meet the requirements of Sections 401(a) or 410 of the Code shall be aggregated and the determination of whether any such plan is a Top Heavy Plan shall be made as if all such plans were a single plan for purposes of this Article.
Aggregation of Plans. For purposes of subsections (a) and (b), the Actual Deferral Percentage and Average Contribution Percentage for any Participant who is a Highly Compensated Employee for the Plan Year and who has Before-Tax Contributions, Employer Matching Contributions or After-Tax Contributions allocated to his account under two or more plans of the Employer, shall be determined as if all such contributions were made under a single plan; provided, however that if such plans have different plan years, the Actual Deferral Percentage and Average Contribution Percentage shall be calculated by accumulating all contributions under any cash or deferred arrangements of the Employer (other than those plans described in Section 1165(e)(4)(B) of the P.R. Code during the plan year of the plan that is being tested. In addition, the Participant's Compensation shall be limited to Compensation for the portion of the plan year of the plan being tested. In the event that this Plan satisfies the requirements of Section 1165(a) or 1165(e) of the P.R. Code only if aggregated with one or more other plans, or if one or more other plans satisfy the requirements of Section 1165(a) or 1165(e) of the P.R. Code only if aggregated with this Plan, then this Section shall be applied by determining the Actual Deferral Percentages and Average Contribution Percentages of Participants as if all such plans were a single plan. Plans may be aggregated to satisfy Section 1165(e) of the P.R. Code only if they have the same plan year and use the same Actual Deferral Percentage testing method.
Aggregation of Plans. For the purpose of this Section, all defined contribution plans of, and all Compensation from, any Plan Sponsor or 415 Affiliate, whether or not terminated, are to be aggregated and/or treated as one defined contribution plan.
Aggregation of Plans. When calculating the ADP Test and the ACP Test, plans that are permissively aggregated for coverage and nondiscrimination testing purposes are treated as a single plan. This aggregation rule applies to determine the ADP or ACP of both the Highly Compensated Employee Group and the Nonhighly Compensated Employee Group. Any adjustments to the ADP of the Nonhighly Compensated Employee Group for the prior year will be made in accordance with Notice 98-1 and any superseding guidance, unless the Employer has elected in Part 4F, #31.b. of the 401(k) Agreement to use the Current Year Testing Method. Aggregation described in this paragraph is not permitted unless all plans being aggregated have the same Plan Year and use the same testing method for the applicable test.
Aggregation of Plans. If an Employer maintains more than one plan which contains a salary deferral arrangement under Section 401(k) of the Code and/or matching contribution provisions under Section 401(m) of the Code, such Plans may be aggregated for purposes of complying with the Average Deferral Percentage Test or the Average Contribution Percentage Test; provided, for Plan Years which begin after December 31, 1988, such plans may be aggregated only if the Plan Year is the same for each plan. In no event may any portion of this Plan which is considered an employee stock ownership plan, as described in Section 4975(e)(7) or 409 of the Code, or any other such plan be aggregated with the portion of this Plan which is not an employee stock ownership plan. Notwithstanding the above, if the Plan is part of a Required Aggregation Group as defined in Section 7.4, such plans must be aggregated.
