DETERMINATION OF TOP. HEAVY STATUS A. For any Plan Year beginning after December 31, 1983, this Plan is a Top-Heavy Plan if any of the following conditions exist: 1. If the top-heavy ratio for this Plan exceeds 60% and this Plan is not part of any required aggregation group or permissive aggregation group of plans. 2. If this Plan is part of a required aggregation group of plans but not part of a permissive aggregation group and the top-heavy ratio for the group of plans exceeds 60%. 3. If this Plan is a part of a required aggregation group and part of a permissive aggregation group of plans and the top-heavy ratio for the permissive aggregation group exceeds 60%. For purposes of this Section 10.08, the following terms shall have the meanings indicated below:
Appears in 5 contracts
Samples: 401(k) Profit Sharing Plan Adoption Agreement (Miami Computer Supply Corp), Basic Plan Document (Peabody Energy Corp), Defined Contribution Plan Document (Janus Investment Fund)
DETERMINATION OF TOP. HEAVY STATUS A. For any Plan Year beginning after December 31, 1983, this Plan is a Top-Heavy Plan if any of the following conditions exist:
1. If the top-heavy ratio for this Plan exceeds 60% and this Plan is not part of any required aggregation group or permissive aggregation group of plans.
2. If this Plan is part of a required aggregation group of plans but not part of a permissive aggregation group and the top-heavy ratio for the group of plans exceeds 60%.
3. If this Plan is a part of a required aggregation group and part of a permissive aggregation group of plans and the top-heavy ratio for the permissive aggregation group exceeds 60%. For purposes of this Section 10.08, the following terms shall have the meanings indicated below:
Appears in 1 contract
Samples: Qualified Retirement Plan and Trust (Bradford Funds Inc)