Common use of Combined Deferral Plans Clause in Contracts

Combined Deferral Plans. For the purposes of this Plan, a highly compensated participant and nonhighly compensated participant shall include any employee eligible to participate in this Plan whether or not such participation was elected, or any eligible employee whose participation has been suspended pursuant to Paragraphs 3.3 or 3.5. For the purposes of this Plan, if two (2) or more plans which include cash or deferred arrangements are considered one (1) plan for the purposes of Internal Revenue Code Section 401(a)(4) or Section 410(b), the cash or deferred arrangements included in such plan shall be treated as one (1) arrangement. For the purposes of this Plan, if a highly compensated participant is a participant under two (2) or more cash or deferred arrangements of the Company or an affiliated company, all such cash or deferred arrangements shall be treated as one (1) cash or deferred arrangement for the purpose of determining the deferral percentage with respect to such highly compensated participant. Notwithstanding the above, the determination and treatment of elective contributions and "actual deferral percentage" of any participant shall satisfy such other requirements as may be prescribed by the Secretary of the Treasury. 3.10

Combined Deferral Plans. For the purposes of this Plan, a highly compensated participant and nonhighly compensated participant shall include any employee eligible to participate in this Plan whether or not such participation was elected, elected or any eligible employee whose participation has been suspended pursuant to Paragraphs 3.3 or 3.5. For the purposes of this Plan, if two (2) or more plans which include cash or deferred arrangements are considered one (1) plan for the purposes of Internal Revenue Code Section 401(a)(4) or Section 410(b), the cash or deferred arrangements included in such plan shall be treated as one (1) arrangement. For the purposes of this Plan, if a highly compensated participant is a participant under two (2) or more qualified cash or deferred arrangements of the Company or an affiliated companyCompany, all such cash or deferred arrangements shall be treated as one (1) cash or deferred arrangement for the purpose of determining the deferral percentage with respect to such highly compensated participant. Notwithstanding the above, the determination and treatment of elective contributions and "actual deferral percentage" of any participant shall satisfy such other requirements as may be prescribed by the Secretary of the Treasury. 3.10.