Excludible Employees Clause Samples
Excludible Employees. If the Employer elects in the Adoption Agreement, the following Employees shall be excluded from eligibility:
(a) Employees included in a unit of employees covered by a collective bargaining agreement between employee representatives and the Employer, provided that there is evidence that retirement benefits were the subject of good faith bargaining between such parties, unless such agreement provides that some or all of such covered employees are to be covered by this Plan. For purposes of this paragraph, 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.
(b) Non-resident alien employees who receive no earned income from the Employer which constitutes income from sources within the United States.
(c) Employees who have not met the age and service requirements specified in the Adoption Agreement.
(d) Employees who did not earn at least $450 (as adjusted for cost of living increases in accordance with Code §408(k)(8)) of Compensation from the Employer during the Plan Year.
Excludible Employees. For the Plan Year, an employee who meets the following conditions may not be eligible to participate in the Plan.
Excludible Employees. If the Employer elects in the Adoption Agreement, the following Employees shall be excluded from eligibility:
a. Employees included in a unit of employees covered by a collective bargaining agreement between employee representatives and the Em- ployer, provided that there is evidence that retirement benefits were the subject of good faith bargaining between such parties, unless such agreement provides that some or all of such covered employees are to be covered by this Plan. For purposes of this paragraph, 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.
b. Non-resident alien employees who receive no earned income from the Employer which constitutes income from sources within the United States.
c. Employees who are not reasonably expected to earn $5,000 of compensation from the Employer during the Plan Year for which the contri- bution is being made if so indicated in the Adoption Agreement.