Common use of Excluded Employees Clause in Contracts

Excluded Employees. (1.35). The following Employees are not Eligible Employees (either as to the overall Plan or the designated contribution type) (Choose (a), (b) or (c). See also Election 18(e).): (a) [ ] No Excluded Employees. All Employees are Eligible Employees as to all Contribution Types. (b) [ ] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution Types (c) [ ] Exclusions. The following Employees are Excluded Employees (either as to all Contribution Types or to the designated Contribution Type) (Choose one or more of (d) through (l)): [Note: For this Election 7, unless described otherwise in Election 7(l), Elective Deferrals includes Pre-Tax Deferrals and Xxxx Deferrals; Matching includes all Matching Contributions; Nonelective includes all Nonelective Contributions ; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) Contributions.] (1) (2) (3) (4) (5) All Elective Employee/ Contributions Deferrals Matching Nonelective Mandatory (d) [ ] No exclusions. No exclusions as to the N/A [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a)) (e) [ ] Non-Resident Aliens. See Section 1.35(B). [ ] OR [ ] [ ] [ ] [ ]‌ (f) [ ] Employees who normally work less than [ ] OR [ ] [ ] [ ] [ ] 20 hours per week. See Section 1.35(E) (e.g., if any such excluded Employee actually completes a Year of Service) SAMPLE (g) [ ] Student Employees. See Section 1.35(C) [ ] OR [ ] [ ] [ ] [ ] (i. e., students enrolled in the entity sponsoring this Plan). (h) [ ] Other Employer plan. Employees who are [ ] OR [ ] [ ] [ ] [ ] eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): a. [ ] 401(k) plan b. [ ] 403(b) plan

Appears in 1 contract

Samples: Adoption Agreement

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Excluded Employees. (1.351.22(D)). The following Employees are not Eligible Employees but are Excluded Employees (either as to the overall Plan or the designated contribution type) (Choose select one of (a), (b) ), or (c)): [Note: Regardless of the Employer's elections under Election 8: (i) Employees of any Related Employers (excluding the Signatory Employer) are Excluded Employees unless the Related Employer becomes a Participating Employer; and (ii) Reclassified Employees and Leased Employees are Excluded Employees unless the Employer in Appendix B elects otherwise. See also Election 18(eSections 1.22(B), 1.22(D)(3), and 1.24(D). However, in the case of a Multiple Employer Plan, see Section 12.02(B) as to the Employees of the Lead Employer.):] (a) [ ] No Excluded Employees. All There are no additional excluded Employees are Eligible Employees under the Plan as to all any Contribution TypesType (skip to Election 9). (b) [ ] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution Types (c) [ ] ExclusionsExclusions - different exclusions apply. The following Employees are Excluded Employees (either as to all Contribution Types or to for the designated Contribution Type) Type (Choose select one or more of (d) through (l); select Contribution Type as applicable (may only be selected with 401(k) plans)): [NoteNote for 401(k) plans: For this Election 78, unless described otherwise in Election 7(l8(l), Elective Deferrals includes Pre-Tax Deferrals and Deferrals, Xxxx Deferrals; , Employee Contributions and Safe Harbor Contributions. Matching includes all Matching Contributions except Safe Harbor Matching Contributions; . Nonelective includes all Nonelective Contributions ; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) except Safe Harbor Nonelective Contributions.] (1) All Exclusions Contributions (2) Elective Deferrals (3) Matching (4) (5) All Elective Employee/ Contributions Deferrals Matching Nonelective MandatoryNonelective (d) [ ] No exclusions. No exclusions as to the designated Contribution Type. N/A (See Election 8(a)) [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a))] (e) [ ] Non-Resident AliensCollective Bargaining (union) Employees. As described in Code §410(b)(3)(A). See Section 1.35(B1.22(D)(1). [ ] OR [ ] [ ] [ ] [ ] (f) [ ] Employees who normally work Non-Resident Aliens. As described in Code §410(b)(3)(C). See Section 1.22(D)(2). [ ] OR [ ] [ ] [ ] (g) [ ] HCEs. See Section 1.22(E). See Election 30(f) as to exclusion of some or all HCEs from Safe Harbor Contributions. [ ] OR [ ] [ ] [ ] (h) [ ] Hourly paid Employees. [ ] OR [ ] [ ] [ ] (i) [ ] Residents of Puerto Rico. [ ] OR [ ] [ ] [ ] (j) [ ] Interns. See Section 1.22(D)(7). [Note: This exclusion could result in the plan failing to meet the coverage requirements of Code §410(b), and may not be utilized as a disguised age or service condition.] [ ] OR [ ] [ ] [ ] (k) [ ] Part-Time/Temporary/Seasonal Employees. See Section 1.22(D)(4). A Part-Time, Temporary or Seasonal Employee is an Employee whose regularly scheduled Service is less than (specify a maximum of 1,000) Hours of Service in the relevant Eligibility Computation Period. [Note: The "relevant" Eligibility Computation Period is the Initial or Subsequent Eligibility Computation Period as defined in Section 2.02(C). Also see Appendix B, Election (b)(9).] [ ] OR [ ] [ ] [ ] [ ] 20 hours per weekDRAFT 4/7/2020 [Note: If the Employer under Election 8(k) elects to treat Part-Time, Temporary and Seasonal Employees as Excluded Employees and any such Employee actually completes at least 1,000 Hours of Service during the relevant Eligibility Computation Period, the Employee becomes an Eligible Employee. See Section 1.35(E) (e.g., if any such excluded Employee actually completes a Year of Service) SAMPLE1.22(D)(4).] (gl) [ ] Student Employees. See Section 1.35(C) [ ] OR [ ] [ ] [ ] [ ] (i. e., students enrolled in the entity sponsoring this Plan). (h) [ ] Other Employer plan. Employees who are [ ] OR [ ] [ ] [ ] [ ] eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): a. [ ] 401(k) plan b. [ ] 403(b) planDescribe exclusion category and/or Contribution Type:

Appears in 1 contract

Samples: Adoption Agreement

Excluded Employees. (1.35). The following Employees are not Eligible Employees (either as to the overall Plan or the designated contribution type) (Choose (a), (b) or (c). See also Election 18(e).): (a) [ ] No Excluded Employees. All Employees are Eligible Employees as to all Contribution Types. (b) [ ] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution Types (c) [ ] Exclusions. The following Employees are Excluded Employees (either as to all Contribution Types or to the designated Contribution Type) (Choose one or more of (d) through (l)): [Note: For this Election 7, unless described otherwise in Election 7(l), Elective Deferrals includes Pre-Tax Deferrals and Xxxx Deferrals; Matching includes all Matching Contributions; Nonelective includes all Nonelective Contributions Contributions; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) Contributions.] (1) (2) (3) (4) (5) All Elective Employee/ Contributions Deferrals Matching Nonelective Mandatory (d) [ ] No exclusions. No exclusions as to the N/A [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a)) (e) [ ] Non-Resident Aliens. See Section 1.35(B). [ ] OR [ ] [ ] [ ] [ ] (f) [ ] Employees who normally work less than [ ] OR [ ] [ ] [ ] [ ] 20 hours per week. See Section 1.35(E) (e.g., if any such excluded Employee actually completes a Year of Service) SAMPLE) (g) [ ] Student Employees. See Section 1.35(C) [ ] OR [ ] [ ] [ ] [ ] (i. e., students enrolled in the entity sponsoring this Plan). (h) [ ] Other Employer plan. Employees who are [ ] OR [ ] [ ] [ ] [ ] FINAL eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): a. [ ] 401(k) plan b. [ ] 403(b) plan

Appears in 1 contract

Samples: Adoption Agreement

Excluded Employees. (1.351.22(D)). The following Employees are not Eligible Employees but are Excluded Employees (either as to the overall Plan or the designated contribution type) (Choose select one of (a), (b) ), or (cc)):‌ [Note: Regardless of the Employer's elections under Election 8: (i) Employees of any Related Employers (excluding the Signatory Employer) are Excluded Employees unless the Related Employer becomes a Participating Employer; and (ii) Reclassified Employees and Leased Employees are Excluded Employees unless the Employer in Appendix B elects otherwise. See Sections 1.22(B), 1.22(D)(3), and 1.24(D). See also Election 18(e)However, in the case of a Multiple Employer Plan, see Section 12.02(B) as to the Employees of the Lead Employer.):] (a) [ ] No Excluded Employees. All There are no additional excluded Employees are Eligible Employees under the Plan as to all any Contribution TypesType (skip to Election 9). (b) [ ] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution TypesTypes (select one or more of (e) through (l); select column (1) for each exclusion elected at (e) through (k)): (c) [ ] ExclusionsExclusions - different exclusions apply. The following Employees are Excluded Employees (either as to all Contribution Types or to for the designated Contribution Type) Type (Choose select one or more of (d) through (l); select Contribution Type as applicable (may only be selected with 401(k) plans)): [NoteNote for 401(k) plans: For this Election 78, unless described otherwise in Election 7(l8(l), Elective Deferrals includes Pre-Tax Deferrals and Deferrals, Xxxx Deferrals; , Employee Contributions and Safe Harbor Contributions. Matching includes all Matching Contributions except Safe Harbor Matching Contributions; . Nonelective includes all Nonelective Contributions ; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) except Safe Harbor Nonelective Contributions.] ] Exclusions (1) All Contributions (2) Elective Deferrals (3) Matching (4) (5) All Elective Employee/ Contributions Deferrals Matching Nonelective MandatoryNonelective (d) [ ] No exclusions. No exclusions as to the designated Contribution Type. N/A (See Election 8(a)) [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a))] (e) [ ] Non-Resident AliensCollective Bargaining (union) Xxxxxxxxx.Xx described in Code §410(b)(3)(A). See Section 1.35(B1.22(D)(1). [ ] OR [ ] [ ] [ ] [ ] (f) [ ] Employees who normally work less than Non-Resident Aliens. As described inCode §410(b)(3)(C). See Section 1.22(D)(2). [ ] OR [ ] [ ] [ ] [ ] 20 hours per week. See Section 1.35(E) (e.g., if any such excluded Employee actually completes a Year of Service) SAMPLE] (g) [ ] Student EmployeesHCEs. See Section 1.35(C1.22(E). See Election 30(f) as to exclusion of some or all HCEs from Safe Harbor Contributions. [ ] OR [ ] [ ] [ ] [ ] (i. e., students enrolled in the entity sponsoring this Plan). (h) [ ] Other Employer planHourly paid Employees. Employees who are [ ] OR [ ] [ ] [ ] (i) [ ] Residents of Puerto Rico. [ ] OR [ ] [ ] eligible to participate in another plan of the Employer which is a [ ] (Choose one or more of a. through c.): a. j) [ ] 401(k) plan b. Interns. See Section 1.22(D)(7). [Note: This [ ] 403(bOR [ ] [ ] [ ] (k) plan[ ] Part-Time/Temporary/Seasonal Employees. [ ] OR [ ] [ ] [ ] (l) [ ] Describe exclusion category and/or Contribution Type:

Appears in 1 contract

Samples: Adoption Agreement

Excluded Employees. (1.351.22(D)). The following Employees are not Eligible Employees (either as to the overall Plan or the designated contribution type) but are Excluded Employees (Choose one of (a), (b) ), or (c).): [Note: Regardless of the Employer's elections under Election 8: (i) Employees of any Related Employers (excluding the Signatory Employer) are Excluded Employees unless the Related Employer becomes a Participating Employer; and (ii) Reclassified Employees and Leased Employees are Excluded Employees unless the Employer in Appendix B elects otherwise. See also Election 18(eSections 1.22(B), 1.22(D)(3), and 1.24(D). However, in the case of a Multiple Employer Plan, see Section 12.02(B) as to the Employees of the Lead Employer.):] (a) [ ] No Excluded Employees. All There are no additional excluded Employees are Eligible Employees under the Plan as to all any Contribution TypesType (skip to Election 9). (b) [ [X] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution Types (c) [ ] ExclusionsExclusions - different exclusions apply. The following Employees are Excluded Employees (either as to all Contribution Types or to for the designated Contribution Type) Type (Choose one or more of (d) through (l)): [Note: For this Election 7, unless described otherwise in Election 7(l), Elective Deferrals includes Pre-Tax Deferrals and Xxxx Deferrals; Matching includes all Matching Contributions; Nonelective includes all Nonelective Contributions ; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) Contributions.] (1) (2) (3) (4) (5) All Elective Employee/ Contributions Deferrals Matching Nonelective Mandatory (d) [ ] No exclusions. No exclusions as to the N/A [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a)) (e) [ ] Non-Resident Aliens. See Section 1.35(Bj). [ ] OR [ ] [ ] [ ] [ ]‌ (f) [ ] Employees who normally work less than [ ] OR [ ] [ ] [ ] [ ] 20 hours per week. See Section 1.35(E) (e.g., if any such excluded Employee actually completes a Year of Service) SAMPLE (g) [ ] Student Employees. See Section 1.35(C) [ ] OR [ ] [ ] [ ] [ ] (i. e., students enrolled in the entity sponsoring this Plan)Choose Contribution Type as applicable. (h) [ ] Other Employer plan. Employees who are [ ] OR [ ] [ ] [ ] [ ] eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): a. [ ] 401(k) plan b. [ ] 403(b) plan

Appears in 1 contract

Samples: Adoption Agreement

Excluded Employees. (1.35). The following Employees are not Eligible Employees (either as to the overall Plan or the designated contribution type) (Choose (a), (b) or (c). See also Election 18(e).): (a) [ [] No Excluded Employees. All Employees are Eligible Employees as to all Contribution Types. (b) [ [] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution Types (c) [ [X] Exclusions. The following Employees are Excluded Employees (either as to all Contribution Types or to the designated Contribution Type) (Choose one or more of (d) through (lm)): [Note: For this Election 7, unless described otherwise in Election 7(l7(m), Elective Deferrals includes Pre-Tax Deferrals, Xxxx Deferrals and Xxxx DeferralsSafe Harbor Contributions; Matching includes all Matching ContributionsContributions (unless this is a safe harbor plan); Nonelective includes all Nonelective Contributions other than safe harbor nonelective contributions and Operational QNECs; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) Contributions.] (1) (2) (3) (4) (5) All Elective Employee/ Contributions Deferrals Matching Nonelective Mandatory) (d) [ ] No exclusions. No exclusions as to the N/A [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a))7(a))‌ (e) [ ] Non-Resident Aliens. See Section 1.35(B). [ ] OR [ ] [ ] [ ] [ ] (f) [ ] Employees who normally work less than [ ] OR [ ] [ ] [ ] [ ] 20 hours per week. See Section 1.35(E) (e.g., if if‌ any such excluded Employee actually completes a Year of Service) SAMPLE). (g) [ ] Student Employees. See Section 1.35(C) [ ] OR [ ] [ ] [ ] [ ] (i. e., students enrolled in the entity sponsoring this Plan). (h) [ ] Other Employer plan. Employees who are [ ] OR [ ] [ ] [ ] [ ] eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): a. [ ] 401(k) plan b. [ ] 403(b) plan

Appears in 1 contract

Samples: Adoption Agreement

Excluded Employees. (1.351.22(D)). The following Employees are not Eligible Employees but are Excluded Employees (either as to the overall Plan or the designated contribution type) (Choose select one of (a), (b) ), or (c)): [Note: Regardless of the Employer's elections under Election 8: (i) Employees of any Related Employers (excluding the Signatory Employer) are Excluded Employees unless the Related Employer becomes a Participating Employer; and (ii) Reclassified Employees and Leased Employees are Excluded Employees unless the Employer in Appendix B elects otherwise. See also Election 18(eSections 1.22(B), 1.22(D)(3), and 1.24(D). However, in the case of a Multiple Employer Plan, see Section 12.02(B) as to the Employees of the Lead Employer.):] (a) [ ] No Excluded Employees. All There are no additional excluded Employees are Eligible Employees under the Plan as to all any Contribution TypesType (skip to Election 9). (b) [ [X] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution Types (c) [ ] ExclusionsExclusions - different exclusions apply. The following Employees are Excluded Employees (either as to all Contribution Types or to for the designated Contribution Type) Type (Choose select one or more of (d) through (l); select Contribution Type as applicable (may only be selected with 401(k) plans)): [NoteNote for 401(k) plans: For this Election 78, unless described otherwise in Election 7(l8(l), Elective Deferrals includes Pre-Tax Deferrals and Deferrals, Xxxx Deferrals; , Employee Contributions and Safe Harbor Contributions. Matching includes all Matching Contributions except Safe Harbor Matching Contributions; . Nonelective includes all Nonelective Contributions ; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) except Safe Harbor Nonelective Contributions.] ] Exclusions (1) All Contributions (2) Elective Deferrals (3) Matching (4) (5) All Elective Employee/ Contributions Deferrals Matching Nonelective MandatoryNonelective (d) [ ] No exclusions. No exclusions as to the designated Contribution Type. N/A (See Election 8(a)) [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a))] (e) [ ] Non-Resident AliensCollective Bargaining (union) Xxxxxxxxx.Xx described in Code §410(b)(3)(A). See Section 1.35(B1.22(D)(1). [ ] OR [ ] [ ] [ ] [ ] (f) [X] Non-Resident Aliens. As described inCode §410(b)(3)(C). See Section 1.22(D)(2). [X] OR [ ] Employees who normally work [ ] [ ] (g) [ ] HCEs. See Section 1.22(E). See Election 30(f) as to exclusion of some or all HCEs from Safe Harbor Contributions. [ ] OR [ ] [ ] [ ] (h) [ ] Hourly paid Employees. [ ] OR [ ] [ ] [ ] (i) [ ] Residents of Puerto Rico. [ ] OR [ ] [ ] [ ] (j) [ ] Interns. See Section 1.22(D)(7). [Note: This exclusion could result in the plan failing to meetthe coverage requirements of Code §410(b), and may not be utilized as a disguised age or service condition.] [ ] OR [ ] [ ] [ ] (k) [ ] Part-Time/Temporary/Seasonal Employees. See Section 1.22(D)(4). A Part-Time, Temporary or Seasonal Employee is an Employee whose regularly scheduled Service is less than (specify a maximum of 1,000) Hours of Service in the relevant Eligibility Computation Period. [Note: The "relevant" Eligibility Computation Period is the Initial or Subsequent EligibilityComputation Period as defined in Section 2.02(C). Also see Appendix B, Election (b)(9).] [ ] OR [ ] [ ] [ ] [ ] 20 hours per week[Note: If the Employer under Election 8(k) elects to treat Part-Time, Temporary and Seasonal Employees as Excluded Employees and any such Employee actually completes at least 1,000 Hours of Service during the relevant Eligibility Computation Period, the Employee becomes an Eligible Employee. See Section 1.35(E) (e.g., if any such excluded Employee actually completes a Year of Service) SAMPLE1.22(D)(4).] (gl) [ ] Student Employees. See Section 1.35(C) [ ] OR [ ] [ ] [ ] [ ] (i. e., students enrolled in the entity sponsoring this Plan). (h) [ ] Other Employer plan. Employees who are [ ] OR [ ] [ ] [ ] [ ] eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): a. [ ] 401(k) plan b. [ ] 403(b) planDescribe exclusion category and/or Contribution Type:

Appears in 1 contract

Samples: Adoption Agreement

Excluded Employees. (1.35). The following Employees are not Eligible Employees (either as to the overall Plan or the designated contribution type) (Choose (a), (b) or (c). See also Election 18(e).): (a) [ ] No Excluded Employees. All Employees are Eligible Employees as to all Contribution Types. (b) [ [X] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution TypesTypes (Choose one or more of (e) through (h) and/or (l). Choose column (1) for each exclusion elected at (e) through (h).): (c) [ ] Exclusions. The following Employees are Excluded Employees (either as to all Contribution Types or to the designated Contribution Type) (Choose one or more of (d) through (l)): [Note: For this Election 7, unless described otherwise in Election 7(l), Elective Deferrals includes Pre-Tax Deferrals and Xxxx Deferrals; Matching includes all Matching Contributions; Nonelective includes all Nonelective Contributions Contributions; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) Contributions.] (1) (2) (3) (4) (5) All Elective Employee/ Contributions Deferrals Matching Nonelective Mandatory) (d) [ ] No exclusions. No exclusions as to the N/A [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a)) (e) [ ] Non-Resident Aliens. See Section 1.35(B). [ ] OR [ ] [ ] [ ] [ ] (f) [ ] Employees who normally work less than [ ] OR [ ] [ ] [ ] [ ] 20 hours per week. See Section 1.35(E) ). (e.g., if any such excluded Employee actually completes a Year of Service) SAMPLE). (g) [ [X] Student Employees. See Section 1.35(C) [ [X] OR [ ] [ ] [ ] [ ] ] (i. e.i.e., students enrolled in the entity sponsoring this Plan). (h) [ ] Other Employer plan. Employees who are eligible to participate in another plan of the [ ] OR [ ] [ ] [ ] [ ] eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): ): a. [ ] 401(k) plan b. [ ] 403(b) plan c. [ ] governmental 457(b) plan (i) [ ] Collective Bargaining (union) Employees. See Section 1.35(A). N/A N/A [ ] [ ] [ ] (j) [ ] Per Diem Employees. N/A N/A [ ] [ ] [ ]

Appears in 1 contract

Samples: Adoption Agreement

Excluded Employees. (1.35). The following Employees are not Eligible Employees (either as to the overall Plan or the designated contribution type) (Choose (a), (b) or (c). See also Election 18(e).): (a) [ ] No Excluded Employees. All Employees are Eligible Employees as to all Contribution Types. (b) [ ] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution Types (c) [ ] Exclusions. The following Employees are Excluded Employees (either as to all Contribution Types or to the designated Contribution Type) (Choose one or more of (d) through (lm)): [Note: For this Election 7, unless described otherwise in Election 7(l7(m), Elective Deferrals includes Pre-Tax Deferrals, Xxxx Deferrals and Xxxx DeferralsSafe Harbor Contributions; Matching includes all Matching ContributionsContributions (unless this is a safe harbor plan); Nonelective includes all Nonelective Contributions other than safe harbor nonelective contributions and Operational QNECs; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) Contributions.] (1) (2) (3) (4) (5) All Elective Employee/ Contributions Deferrals Matching Nonelective Mandatory) (d) [ ] No exclusions. No exclusions as to the N/A [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a)) (e) [ ] Non-Resident Aliens. See Section 1.35(B). [ ] OR [ ] [ ] [ ] [ ] (f) [ ] Employees who normally work less than [ ] OR [ ] [ ] [ ] [ ] 20 hours per week. See Section 1.35(E) (e.g., if any such excluded Employee actually completes a Year of Service) SAMPLE). (g) [ ] Student Employees. See Section 1.35(C) [ ] OR [ ] [ ] [ ] [ ] (i. e., students enrolled in the entity sponsoring this Plan). (h) [ ] Other Employer plan. Employees who are [ ] OR [ ] [ ] [ ] [ ] eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): a. [ ] 401(k) plan b. [ ] 403(b) plan

Appears in 1 contract

Samples: Adoption Agreement

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Excluded Employees. (1.35). The following Employees are not Eligible Employees (either as to the overall Plan or the designated contribution type) (Choose (a), (b) or (c). See also Election 18(e).): (a) [ ] No Excluded Employees. All Employees are Eligible Employees as to all Contribution Types. (b) [ ] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution Types (c) [ ] Exclusions. The following Employees are Excluded Employees (either as to all Contribution Types or to the designated Contribution Type) (Choose one or more of (d) through (l)): [Note: For this Election 7, unless described otherwise in Election 7(l), Elective Deferrals includes Pre-Tax Deferrals and Xxxx Deferrals; Matching includes all Matching Contributions; Nonelective includes all Nonelective Contributions Contributions; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) Contributions.] (1) (2) (3) (4) (5) All Elective Employee/ Contributions Deferrals Matching Nonelective Mandatory (d) [ ] No exclusions. No exclusions as to the N/A [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a)) (e) [ ] Non-Resident Aliens. See Section 1.35(B). [ ] OR [ ] [ ] [ ] [ ] (f) [ ] Employees who normally work less than [ ] OR [ ] [ ] [ ] [ ] 20 hours per week. See Section 1.35(E) (e.g., if any such excluded Employee actually completes a Year of Service) SAMPLE). (g) [ ] Student Employees. See Section 1.35(C) [ ] OR [ ] [ ] [ ] [ ] (i. e., students enrolled in the entity sponsoring this Plan).. FINAL (h) [ ] Other Employer plan. Employees who are [ ] OR [ ] [ ] [ ] [ ] eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): a. [ ] 401(k) plan b. [ ] 403(b) plan

Appears in 1 contract

Samples: Adoption Agreement

Excluded Employees. (1.351.21(D)). The following Employees are not Eligible Employees (either as to the overall Plan or the designated contribution type) but are Excluded Employees (Choose one of (a), (b) or (cb)): [Note: Regardless of the Employer’s elections under Election 8: (i) Employees of any Related Employers (excluding the Signatory Employer) are Excluded Employees unless the Related Employer becomes a Participating Employer; and (ii) Reclassified Employees and Leased Employees are Excluded Employees unless the Employer in Appendix B elects otherwise. See also Election 18(eSections 1.21(B), 1.21(D)(3), and 1.23(D).):] (a) [ ] No Excluded Employees. All Employees are Eligible Employees as to all Contribution Types. (b) [ ] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution Types (c) [ [X] Exclusions. The following Employees are Excluded Employees (either as to all Contribution Types or to the designated Contribution Type) (Choose one or more of (d1) through (l)7) as applicable): [Note: For this Election 78, unless described otherwise in Election 7(l8(b)(7), Elective Deferrals includes Pre-Tax Deferrals and Deferrals, Xxxx Deferrals; , Employee Contributions and Safe Harbor Contributions. Matching includes all Matching Contributions except Safe Harbor Matching Contributions; . Nonelective includes all Nonelective Contributions ; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) except Safe Harbor Nonelective Contributions.] (1) (2) (3) (4) (5) All Contributions Elective Employee/ Contributions Deferrals Matching Nonelective MandatoryNonelective (d1) [ ] No exclusions. No exclusions as to the designated Contribution Type. N/A (See Election 8(a)) [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a))] (e2) [ ] Non-Resident AliensCollective Bargaining (union) Employees. As described in Code §410(h)(3)(A). See Section 1.35(B1.21(D)(1). [ ] OR [ ] [ ] [ ] (3) [ ] Non-Resident Aliens. As described in Code §410(b)(3)(C). See Section 1.21 (D)(2). [ ] OR [ ] [ ] [ ] (f4) [ ] Employees who normally work HCEs. See Section 1.21 (E). See Election 30(e) as to exclusion of some or all HCEs from Safe Harbor Contributions. [ ] OR [ ] [ ] [ ] (5) [ ] Hourly paid Employees. [ ] OR [ ] [ ] [ ] (6) [ ] Part-Time/Temporary/Seasonal Employees. See Section 1.21(D)(4). A Part-Time, Temporary or Seasonal Employee is an Employee whose regularly scheduled Service is less than (specify a maximum of 1,000) Hours of Service in the relevant Eligibility Computation Period. [ ] OR [ ] [ ] [ ] [ ] 20 hours per week[Note: If the Employer under Election 8(b)(6) elects to treat Part-Time, Temporary and Seasonal Employees as Excluded Employees and any such an Employee actually completes at least 1,000 Hours of Service during the relevant Eligibility Computation Period, the Employee becomes an Eligible Employee. See Section 1.35(E1.21(D)(4).] (7) [X] Describe exclusion category and/or Contribution Type: Exclude temporaries, co ops and seasonal Employees who complete less than 1,000 Hours of Service in an eligibility computation period for purposes of Elective Deferrals and Nonelective Contributions (e.g., if any such excluded Employee actually completes a Year exclude Division B Employees OR Exclude salaried Employees from Discretionary Matching Contributions.) [Note: Any exclusion under Election 8(b)(7), except as to Part-Time/Temporary/Seasonal Employees, may not be based on age or Service or level of Service) SAMPLE (g) [ ] Student EmployeesCompensation. See Section 1.35(C) [ ] OR [ ] [ ] [ ] [ Election 14 for eligibility conditions based on age or Service.] (i. e., students enrolled in the entity sponsoring this Plan). (h) [ ] Other Employer plan. Employees who are [ ] OR [ ] [ ] [ ] [ ] eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): a. [ ] 401(k) plan b. [ ] 403(b) plan

Appears in 1 contract

Samples: 401(k) Plan Adoption Agreement (Firstmerit Corp /Oh/)

Excluded Employees. (1.351.22(D)). The following Employees are not Eligible Employees (either as to the overall Plan or the designated contribution type) but are Excluded Employees (Choose one of (a), (b) ), or (c).): [Note: Regardless of the Employer's elections under Election 8: (i) Employees of any Related Employers (excluding the Signatory Employer) are Excluded Employees unless the Related Employer becomes a Participating Employer; and (ii) Reclassified Employees and Leased Employees are Excluded Employees unless the Employer in Appendix B elects otherwise. See also Election 18(eSections 1.22(B), 1.22(D)(3), and 1.24(D). However, in the case of a Multiple Employer Plan, see Section 12.02(B) as to the Employees of the Lead Employer.):] (a) [ ] No Excluded Employees. All There are no additional excluded Employees are Eligible Employees under the Plan as to all any Contribution TypesType (skip to Election 9). (b) [ [X] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution TypesTypes (Choose one or more of (e) through (j). Choose column (1) for each exclusion elected at (e) through (i).): (c) [ ] ExclusionsExclusions - different exclusions apply. The following Employees are Excluded Employees (either as to all Contribution Types or to for the designated Contribution Type) Type (Choose one or more of (d) through (l)): [Note: For this Election 7, unless described otherwise in Election 7(l), Elective Deferrals includes Pre-Tax Deferrals and Xxxx Deferrals; Matching includes all Matching Contributions; Nonelective includes all Nonelective Contributions ; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) Contributions.] (1) (2) (3) (4) (5) All Elective Employee/ Contributions Deferrals Matching Nonelective Mandatory (d) [ ] No exclusions. No exclusions as to the N/A [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a)) (e) [ ] Non-Resident Aliens. See Section 1.35(Bj). [ ] OR [ ] [ ] [ ] [ ]‌ (f) [ ] Employees who normally work less than [ ] OR [ ] [ ] [ ] [ ] 20 hours per week. See Section 1.35(E) (e.g., if any such excluded Employee actually completes a Year of Service) SAMPLE (g) [ ] Student Employees. See Section 1.35(C) [ ] OR [ ] [ ] [ ] [ ] (i. e., students enrolled in the entity sponsoring this Plan)Choose Contribution Type as applicable. (h) [ ] Other Employer plan. Employees who are [ ] OR [ ] [ ] [ ] [ ] eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): a. [ ] 401(k) plan b. [ ] 403(b) plan

Appears in 1 contract

Samples: Adoption Agreement (Fossil Group, Inc.)

Excluded Employees. (1.351.21(D)). The following Employees are not Eligible Employees (either as to the overall Plan or the designated contribution type) but are Excluded Employees (Choose one of (a), (b) or (cb)): [Note: Regardless of the Employer's elections under Election 8: (i) Employees of any Related Employers (excluding the Signatory Employer) are Excluded Employees unless the Related Employer becomes a Participating Employer; and (ii) Reclassified Employees and Leased Employees are Excluded Employees unless the Employer in Appendix B elects otherwise. See also Election 18(eSections 1.21(B), 1.21(D)(3), and 1.23(D).):] (a) [ ] No Excluded Employees. All Employees are Eligible Employees as to all Contribution Types. (b) [ ] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution Types (c) [ ] Exclusions. The following Employees are Excluded Employees (either as to all Contribution Types or to the designated Contribution Type) (Choose one or more of (d1) through (l)7) as applicable): [Note: For this Election 78, unless described otherwise in Election 7(l8(b)(7), Elective Deferrals includes Pre-Tax Deferrals and Deferrals, Xxxx Deferrals; , Employee Contributions, and Safe Harbor Contributions. Matching includes all Matching Contributions except Safe Harbor Matching Contributions; . Nonelective includes all Nonelective Contributions ; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) except Safe Harbor Nonelective Contributions.] (1) (2) (3) (4) (5) All Elective Employee/ Contributions Deferrals Matching Nonelective Mandatory) (d1) [ ] No exclusions. No exclusions as to the N/A [ ] [ ] [ ] [ ] designated Contribution Type. (See Election 7(a)) (e2) [ ] Non-Resident Aliens. See Section 1.35(B). [ ] OR [ ] [ ] [ ] (3) [ ]‌ (f) [ ] Employees who normally work less than [ ] OR [ ] [ ] [ ] [ ] 20 hours per week. See Section 1.35(E) (e.g., if any such excluded Employee actually completes a Year of Service) SAMPLE (g) [ ] Student Employees. See Section 1.35(C) [ ] OR [ ] [ ] [ ] [ ] (i. e., students enrolled in the entity sponsoring this Plan). (h) [ ] Other Employer plan. Employees who are [ ] OR [ ] [ ] [ ] [ ] eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): a. [ ] 401(k) plan b. [ ] 403(b) plan

Appears in 1 contract

Samples: Adoption Agreement

Excluded Employees. (1.351.21(D)). The following Employees are not Eligible Employees but are Excluded Employees (either Choose one of (a) or (b)):8 p. [Note: Regardless of the Employer's elections under Election 8: (i) Employees of any Related Employers (excluding the Signatory Employer) are Excluded Employees unless the Related Employer becomes a Participating Employer; and (ii) Reclassified Employees and Leased Employees are Excluded Employees unless the Employer in Appendix B elects otherwise. See Sections 1.21(B), 1.21(D)(3) and 1.23(D). However, in the case of a Multiple Employer Plan, see Section 12.02(B) as to the overall Plan or Employees of the designated contribution type) (Choose (a), (b) or (c). See also Election 18(e)Lead Employer.):] (a) [ ] No Excluded Employees. All Employees are Eligible Employees as to all Contribution Types. (b) [ ] Exclusions - same for all Contribution Types. The following Employees are Excluded Employees for all Contribution Types (c) [ [X] Exclusions. The following Employees are Excluded Employees (either as to all Contribution Types or to the designated Contribution Type) (Choose one or more of (d1) through (l)7) as applicable): [Note: For this Election 78, unless described otherwise in Election 7(l8(b)(7), Elective Deferrals includes Pre-Tax Deferrals Deferrals, Rxxx Deferrals, Employee Contributions and Xxxx Deferrals; Safe Harbor Contributions. Matching includes all Matching Contributions except Safe Harbor Matching Contributions; . Nonelective includes all Nonelective Contributions ; Employee/Mandatory includes Mandatory Employee Contributions and Employee (after-tax) except Safe Harbor Nonelective Contributions.] (1) (2) (3) (4) (5) All Contributions Elective Employee/ Contributions Deferrals Matching Nonelective MandatoryNonelective (d1) [ ] No exclusions. No exclusions as to the designated Contribution Type. N/A (See Election 8(a)) [ ] [ ] [ ] (2) [X] Collective Bargaining (union) Employees. As described in Code §410(b)(3)(A). See Section 1.21(D)(1). [X] OR [ ] [ ] designated Contribution Type. (See Election 7(a))[ ] (e3) [ [X] Non-Resident Aliens. As described in Code §410(b)(3)(C). See Section 1.35(B1.21(D)(2). [X] OR [ ] [ ] [ ] (4) [ ] HCEs. See Section 1.21(E). See Election 30(e) as to exclusion of some or all HCEs from Safe Harbor Contributions. [ ] OR [ ] [ ] [ ] (5) [ ] Hourly paid Employees. [ ] OR [ ] [ ] [ ] (6) [ ] Part-Time/Temporary/Seasonal Employees. See Section 1.21(D)(4). A Part-Time, Temporary or Seasonal Employee is an Employee whose regularly scheduled Service is less than _________ (specify a maximum of 1,000) Hours of Service in the relevant Eligibility Computation Period. [ ] OR [ ] [ ] [ ] [ [Note: If the Employer under Election 8(b)(6) elects to treat Part-Time, Temporary and Seasonal Employees as Excluded Employees and any such an Employee actually completes at least 1,000 Hours of Service during the relevant Eligibility Computation Period, the Employee becomes an Eligible Employee. See Section 1.21(D)(4).] (f7) [ ] Employees who normally work less than [ ] OR [ ] [ ] [ ] [ ] 20 hours per week. See Section 1.35(E) Describe exclusion category and/or Contribution Type: ___________________________________________ (e.g., if any such excluded Employee actually completes a Year of Service) SAMPLE (g) [ ] Student Employees. See Section 1.35(C) [ ] Exclude Division B Employees OR [ ] [ ] [ ] [ ] (i. e., students enrolled in the entity sponsoring this PlanExclude salaried Employees from Discretionary Matching Contributions.). (h) [ ] Other Employer plan. Employees who are [ ] OR [ ] [ ] [ ] [ ] eligible to participate in another plan of the Employer which is a (Choose one or more of a. through c.): a. [ ] 401(k) plan b. [ ] 403(b) plan

Appears in 1 contract

Samples: 401(k) Plan Adoption Agreement (Caterpillar Inc)

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