Common use of Eligible Class of Employees Clause in Contracts

Eligible Class of Employees. (1) Generally, the Employees eligible to participate in the Plan are (choose one): (A) þ all Employees of the Employer. (B) o only Employees of the Employer who are covered by (choose one): (i) o any collective bargaining agreement with the Employer, provided that the agreement requires the employees to be included under the Plan. (ii) o the following collective bargaining agreement(s) with the Employer: _____ (2) þ Notwithstanding the selection in Subsection 1.04(d)(I) above, certain Employees of the Employer are excluded from participation in the Plan (check the appropriate box(es)): Note: Certain employees (e.g., residents of Puerto Rico) are excluded automatically pursuant to Subsection 2.01(s) of the Basic Plan Document, regardless of the Employer's selection under this Subsection 1.04( d)(2). (A) þ employees covered by a collective bargaining agreement, unless the agreement requires the employees to be included under the Plan. (Do not choose if Option 1.04(d)(I)(B) is selected above.) (B) o Highly Compensated Employees as defined in Subsection 2.01(cc) of the Basic Plan Document. (C) o Leased Employees as defined in Subsection 2.01(ff) of the Basic Plan Document (D) þ nonresident aliens who do not receive any earned income from the Employer which constitutes United States source income. (E) o other: ____ Note: The eligible group defined above must be a definitely determinable group and cannot be subject to the discretion of the Employer. In addition, the design of the classifications cannot be such that the only Non-Highly Compensated Employees benefiting under the Plan are those with the lowest compensation and/or the shortest periods of service and who may represent the minimum number of such employees necessary to satisfy coverage under Code Section 41 O(b). (i) o Notwithstanding this exclusion, any Employee who is excluded from participation because of an exclusion that directly or indirectly imposes an age and/or service requirement for participation (for example by excluding part-time or temporary employees) shall become an Eligible Employee eligible to participate in the Plan on the Entry Date coinciding with or immediately following the date on which he first satisfies the following requirements: (I) he attains age 21 and (II) he completes at least 1,000 Hours of Service during an Eligibility Computation Period.

Eligible Class of Employees. (1) Generally, the Employees eligible to participate in the Plan are (choose one): (A) þ x all Employees of the Employer. (B) o ¨ only Employees of the Employer who are covered by (choose one): (i) o ¨ any collective bargaining agreement with the Employer, provided that the agreement requires the employees to be included under the Plan. (ii) o ¨ the following collective bargaining agreement(s) with the Employer: _____: (2) þ x Notwithstanding the selection in Subsection 1.04(d)(I1.04(d)(1) above, certain Employees of the Employer are excluded from participation in the Plan (check the appropriate box(es)): Plan: Note: Certain employees (e.g., residents of Puerto Rico) are excluded automatically pursuant to Subsection 2.01(s2.01(r) of the Basic Plan Document, regardless of the Employer's ’s selection under this Subsection 1.04( d)(21.04(d)(2). (A) þ x employees covered by a collective bargaining agreement, unless the agreement requires the employees to be included under the Plan. (Do not choose if Option 1.04(d)(I)(B1.04(d)(1)(B) is selected above.) (B) o ¨ Highly Compensated Employees as defined in Subsection 2.01(cc2.01(bb) of the Basic Plan Document. (C) o x Leased Employees as defined in Subsection 2.01(ff2.01(ee) of the Basic Plan Document. (D) þ x nonresident aliens who do not receive any earned income from the Employer which constitutes United States source income. (E) o x other: ____ Note: The eligible group defined above must be a definitely determinable group and cannot be subject to the discretion of the Employer. In addition, the design of the classifications cannot be such that the only Non-Highly Compensated Employees benefiting under the Plan are those with the lowest compensation and/or the shortest periods of service and who may represent the minimum number of such employees necessary to satisfy coverage under Code Section 41 O(b410(b). (i) o ¨ Notwithstanding this exclusion, any Employee who is would otherwise be excluded from participation solely because he is in a group described below shall be part of an exclusion that directly or indirectly imposes an age and/or service requirement for participation (for example by excluding part-time or temporary employees) shall become an Eligible Employee the class of Employees eligible to participate in the Plan and, if he has never been a Participant in the Plan previously, will be required to meet different age and service requirements for eligibility than those specified in Subsections (a) and (b) permitting him to enter on the Entry Date coinciding with or immediately following the date on end of the Eligibility Computation Period during which he first satisfies the following requirements: (I) he attains has attained age 21 and (II) he completes has completed at least 1,000 Hours of Service during Service. This Subsection 1.04(d)(2)(E)(i) applies to the following excluded Employees (Must choose if an Eligibility Computation Periodexclusion in (E) above directly or indirectly imposes an age and/or service requirement for participation, for example by excluding part-time or temporary employees): Note: Exclusion of employees may adversely affect the Plan’s satisfaction of the minimum coverage requirements, as provided in Code Section 410(b).

Eligible Class of Employees. (1) Generally, the Employees eligible to participate in the Plan are (choose one): (A) þ all xxxx Employees of the Employer. (B) o only ¨only Employees of the Employer who are covered by (choose one): (i) o any ¨any collective bargaining agreement with the Employer, provided that the agreement requires the employees to be included under the Plan. (ii) o the ¨the following collective bargaining agreement(s) with the Employer: _____: (2) þ Notwithstanding þNotwithstanding the selection in Subsection 1.04(d)(I1.04(d)(1) above, certain Employees of the Employer are excluded from participation in the Plan (check the appropriate box(es)): Note: Certain employees (e.g., residents of Puerto Rico) are excluded automatically pursuant to Subsection 2.01(s) of the Basic Plan Document, regardless of the Employer's selection under this Subsection 1.04( d)(21.04(d)(2). (A) þ employees þemployees covered by a collective bargaining agreement, unless the agreement requires the employees to be included under the Plan. (Do not choose if Option 1.04(d)(I)(B1.04(d)(1)(B) is selected above.) (B) o Highly ¨Highly Compensated Employees as defined in Subsection 2.01(cc) of the Basic Plan Document. (C) o Leased þLeased Employees as defined in Subsection 2.01(ff) of the Basic Plan Document. (D) þ nonresident þnonresident aliens who do not receive any earned income from the Employer which constitutes United States source income. (E) o other¨other: ____ Note: The eligible group defined above must be a definitely determinable group and cannot be subject to the discretion of the Employer. In addition, the design of the classifications cannot be such that the only Non-Highly Compensated Employees benefiting under the Plan are those with the lowest compensation and/or the shortest periods of service and who may represent the minimum number of such employees necessary to satisfy coverage under Code Section 41 O(b410(b). (i) o Notwithstanding ¨Notwithstanding this exclusion, any Employee who is excluded from participation solely because of an exclusion that directly or indirectly imposes an age and/or service requirement for participation (for example by excluding part-time or temporary employees) he is in a group described below shall become an Eligible Employee eligible to participate in the Plan on the Entry Date coinciding with or immediately following the date on which he first satisfies the following requirements: (I) he attains age 21 and (II) he completes at least 1,000 Hours of Service during an Eligibility Computation Period.. This Subsection 1.04(d)(2)(E)(i) applies to the following excluded Employees (Must choose if an exclusion in (E) above directly or indirectly imposes an age and/or service requirement for participation, for example by excluding part-time or temporary employees): ________________________________________________________________ ________________________________________________________________ ________________________________________________________________

Eligible Class of Employees. (1) Generally, the Employees eligible to participate in the Plan are (choose one): (A) þ x all Employees of the Employer. (B) o ¨ only Employees of the Employer who are covered by (choose one): (i) o ¨ any collective bargaining agreement with the Employer, provided that the agreement requires the employees to be included under the Plan. (ii) o ¨ the following collective bargaining agreement(s) with the Employer: _____: (2) þ x Notwithstanding the selection in Subsection 1.04(d)(I1.04(d)(1) above, certain Employees of the Employer are excluded from participation in the Plan (check the appropriate box(es)): Plan: Note: Certain employees (e.g., residents of Puerto Rico) are excluded automatically pursuant to Subsection 2.01(s2.01(r) of the Basic Plan Document, regardless of the Employer's ’s selection under this Subsection 1.04( d)(21.04(d)(2). (A) þ x employees covered by a collective bargaining agreement, unless the agreement requires the employees to be included under the Plan. (Do not choose if Option 1.04(d)(I)(B1.04(d)(1)(B) is selected above.) (B) o ¨ Highly Compensated Employees as defined in Subsection 2.01(cc2.01(bb) of the Basic Plan Document. (C) o x Leased Employees as defined in Subsection 2.01(ff2.01(ee) of the Basic Plan Document. (D) þ x nonresident aliens who do not receive any earned income from the Employer which constitutes United States source income. (E) o ¨ other: ____ Note: The eligible group defined above must be a definitely determinable group and cannot be subject to the discretion of the Employer. In addition, the design of the classifications cannot be such that the only Non-Highly Compensated Employees benefiting under the Plan are those with the lowest compensation and/or the shortest periods of service and who may represent the minimum number of such employees necessary to satisfy coverage under Code Section 41 O(b410(b). (i) o ¨ Notwithstanding this exclusion, any Employee who is would otherwise be excluded from participation solely because he is in a group described below shall be part of an exclusion that directly or indirectly imposes an age and/or service requirement for participation (for example by excluding part-time or temporary employees) shall become an Eligible Employee the class of Employees eligible to participate in the Plan and, if he has never been a Participant in the Plan previously, will be required to meet different age and service requirements for eligibility than those specified in Subsections (a) and (b) permitting him to enter on the Entry Date coinciding with or immediately following the date on end of the Eligibility Computation Period during which he first satisfies the following requirements: (I) he attains has attained age 21 and (II) he completes has completed at least 1,000 Hours of Service during Service. This Subsection 1.04(d)(2)(E)(i) applies to the following excluded Employees (Must choose if an Eligibility Computation Periodexclusion in (E) above directly or indirectly imposes an age and/or service requirement for participation, for example by excluding part-time or temporary employees): Note: Exclusion of employees may adversely affect the Plan’s satisfaction of the minimum coverage requirements, as provided in Code Section 410(b).

Eligible Class of Employees. (1) Generally, the Employees eligible to participate in the Plan are (choose one): (A) þ ☑ all Employees of the Employer. (B) o ☐ only Employees of the Employer who are covered by (choose one): (i) o ☐ any collective bargaining agreement with the Employer, provided that the agreement requires the employees to be included under the Plan. (ii) o ☐ the following collective bargaining agreement(s) with the Employer: _____: (2) þ ☑ Notwithstanding the selection in Subsection 1.04(d)(I1.04(d)(1) above, certain Employees of the Employer are excluded from participation in the Plan (check the appropriate box(es)): Plan: Note: Certain employees (e.g., residents of Puerto Rico) are excluded automatically pursuant to Subsection 2.01(s2.01(r) of the Basic Plan Document, regardless of the Employer's selection under this Subsection 1.04( d)(21.04(d)(2). (A) þ ☑ employees covered by a collective bargaining agreement, unless the agreement requires the employees to be included under the Plan. (Do not choose if Option 1.04(d)(I)(B1.04(d)(1)(B) is selected above.) (B) o ☐ Highly Compensated Employees as defined in Subsection 2.01(cc2.01(bb) of the Basic Plan Document. (C) o ☑ Leased Employees as defined in Subsection 2.01(ff2.01(ee) of the Basic Plan Document. (D) þ ☑ nonresident aliens who do not receive any earned income from the Employer which constitutes United States source income. (E) o ☑ other: ____ Note: The eligible group defined above must be a definitely determinable group and cannot be subject to the discretion of the Employer. In addition, the design of the classifications cannot be such that the only Non-Highly Compensated Employees benefiting under the Plan are those with the lowest compensation and/or the shortest periods of service and who may represent the minimum number of such employees necessary to satisfy coverage under Code Section 41 O(b). (i) o Notwithstanding this exclusion, any Employee who is excluded from participation because of an exclusion that directly or indirectly imposes an age and/or service requirement for participation (for example by excluding part-time or temporary employees) shall become an Eligible Employee eligible to participate in the Plan on the Entry Date coinciding with or immediately following the date on which he first satisfies the following requirements: (I) he attains age 21 and (II) he completes at least 1,000 Hours of Service during an Eligibility Computation Period.:

Eligible Class of Employees. (1) Generally, the Employees eligible to participate in the Plan are (choose one): (A) þ x all Employees of the Employer. (B) o ¨ only Employees of the Employer who are covered by (choose one): (i) o ¨ any collective bargaining agreement with the Employer, provided that the agreement requires the employees to be included under the Plan. (ii) o ¨ the following collective bargaining agreement(s) with the Employer: ________________________________________ ________________________________________ (2) þ x Notwithstanding the selection in Subsection 1.04(d)(I1.04(d)(1) above, certain Employees of the Employer are excluded from participation in the Plan (check the appropriate box(es)): Note: Certain employees (e.g., residents of Puerto Rico) are excluded automatically pursuant to Subsection 2.01(s) of the Basic Plan Document, regardless of the Employer's ’s selection under this Subsection 1.04( d)(21.04(d)(2). (A) þ ¨ employees covered by a collective bargaining agreement, unless the agreement requires the employees to be included under the Plan. (Do not choose if Option 1.04(d)(I)(B1.04(d)(1)(B) is selected above.) (B) o ¨ Highly Compensated Employees as defined in Subsection 2.01(cc) of the Basic Plan Document. (C) o ¨ Leased Employees as defined in Subsection 2.01(ff) of the Basic Plan Document. (D) þ ¨ nonresident aliens who do not receive any earned income from the Employer which constitutes United States source income. (E) o x other: ____ Note: The eligible group defined above must be a definitely determinable group and cannot be subject to the discretion of the Employer. In addition, the design of the classifications cannot be such that the only Non-Highly Compensated Employees benefiting under the Plan are those with the lowest compensation and/or the shortest periods of service and who may represent the minimum number of such employees necessary to satisfy coverage under Code Section 41 O(b). (i) o Notwithstanding this exclusion, any Employee who is excluded from participation because of an exclusion that directly or indirectly imposes an age and/or service requirement for participation (for example by excluding part-time or temporary employees) shall become an Eligible Employee eligible to participate in the Plan on the Entry Date coinciding with or immediately following the date on which he first satisfies the following requirements: (I) he attains age 21 and (II) he completes at least 1,000 Hours of Service during an Eligibility Computation Period.:

Eligible Class of Employees. (1) Generally, the Employees eligible to participate in the Plan are (choose one): (A) þ 🗹 all Employees of the Employer. (B) o 🞎 only Employees of the Employer who are covered by (choose one): (i) o 🞎 any collective bargaining agreement with the Employer, provided that the agreement requires the employees to be included under the Plan. (ii) o 🞎 the following collective bargaining agreement(s) with the Employer: _____: (2) þ 🗹 Notwithstanding the selection in Subsection 1.04(d)(I1.04(d)(1) above, certain Employees of the Employer are excluded from participation in the Plan (check the appropriate box(es)): Note: Certain employees (e.g., residents of Puerto Rico) are excluded automatically pursuant to Subsection 2.01(s) of the Basic Plan Document, regardless of the Employer's selection under this Subsection 1.04( d)(2).Plan: (A) þ 🞎 employees covered by a collective bargaining agreement, unless the agreement requires the employees to be included under the Plan. (Do not choose if Option 1.04(d)(I)(B1.04(d)(1)(B) is selected above.) (B) o 🞎 Highly Compensated Employees as defined in Subsection 2.01(cc2.01(bb) of the Basic Plan Document. (C) o 🗹 Leased Employees as defined in Subsection 2.01(ff) of the Basic Plan Document. (D) þ 🞎 nonresident aliens who do not receive any earned income from the Employer which constitutes United States source income. (E) o 🗹 other: ____ Note: The eligible group defined above must be a definitely determinable group and cannot be subject to the discretion of the Employer. In addition, the design of the classifications cannot be such that the only Non-Highly Compensated Employees benefiting under the Plan are those with the lowest compensation and/or the shortest periods of service and who may represent the minimum number of such employees necessary to satisfy coverage under Code Section 41 O(b).Interns (i) o 🞎 Notwithstanding this exclusionthe exclusion in Subsection 1.04(d)(2)(E) above, any Employee who is excluded from participation because described below shall be part of an exclusion that directly or indirectly imposes an age and/or service requirement for participation (for example by excluding part-time or temporary employees) shall become an Eligible Employee the class of Employees eligible to participate in the Plan (i.e., an Eligible Employee) and enter the Plan on the Entry Date coinciding with or immediately following the date on end of the Eligibility Computation Period during which he first satisfies the following requirements: (I) he attains has attained age 21 and (II) he completes has completed at least 1,000 Hours of Service during Service. This Subsection 1.04(d)(2)(E)(i) applies to the following Employees (Must choose if an Eligibility Computation Period.exclusion in