Common use of Eligible Employees Clause in Contracts

Eligible Employees. All Employees shall be Eligible Employees, except: [] Employees who have not attained age __________________ (not to exceed age 21). [] Employees who have not performed service for the Employer during at least _____________________ (not to exceed 3) of the 5 calendar years immediately preceding such calendar year. [] Employees with total compensation (within the meaning of section 414(q)(7) of the Code) from the Employer for the calendar year of less than $300 (adjusted in accordance with section 408(k)(8) of the Code). [] Employees included in a unit of Employees covered by a collective bargaining agreement between the Employer and employee representatives, if retirement benefits were the subject of good faith bargaining ("Collectively Bargained Employees"). For this purpose, the term "employee representatives" does not include any organization more than half of whose members are Employees who are owners, officers or executives of the Employer. The determination of who is a Collectively Bargained Employee shall be made taking into consideration the special rules set forth in IRS Regulation Section 1.410(b)-6(d)(2). [] Employees who are nonresident aliens and who receive no earned income from the Employer which constitutes income from sources within the United States ("Nonresident Aliens"). The determination of who is a Nonresident Alien shall be made taking into consideration the special rules set forth in IRS Regulation Section 1.410(b)-6(c).