For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 25 contracts
Samples: Adoption Agreement (Resortquest International Inc), Adoption Agreement (Brenton Banks Inc), Amendatory Agreement (Brenton Banks Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] )
(1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] )
(i) No exceptions. [ ] .
(ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
(2) 0%. [Note: The employer may not select this Option (2) unless the defined benefit plan satisfies the top heavy minimum benefit requirements of Code 416 for these Non-Key Employees.]
Appears in 12 contracts
Samples: Adoption Agreement (Invesco Money Market Funds Inc), Adoption Agreement (Invesco Capital Appreciation Funds Inc), Adoption Agreement (Invesco Tax Free Income Funds Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] )
(1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] )
(i) No exceptions. [ ] .
(ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
(2) 0%. [Note: The employer may not select this Option (2) unless the defined benefit plan satisfies the top heavy minimum benefit requirements of Code ss.416 for these Non-Key Employees.]
Appears in 8 contracts
Samples: Adoption Agreement (Invesco Specialty Funds Inc), Adoption Agreement (Invesco Multiple Asset Funds Inc), Adoption Agreement (Invesco Industrial Income Fund Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose CHOOSE (1) or OR (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose CHOOSE (i) or OR (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%. [ ] (2) 0%. [NOTE: THE EMPLOYER MAY NOT SELECT THIS OPTION (2) UNLESS THE DEFINED BENEFIT PLAN SATISFIES THE TOP HEAVY MINIMUM BENEFIT REQUIREMENTS OF CODE SECTION 416 FOR THESE NON-KEY EMPLOYEES.]
Appears in 4 contracts
Samples: Adoption Agreement (Active Voice Corp), Defined Contribution Master Plan and Trust Agreement (Sonic Corp), Adoption Agreement (Industrial Data Systems Corp)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 7-1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 3 contracts
Samples: Adoption Agreement (Regal Beloit Corp), Adoption Agreement (Wicor Inc), Adoption Agreement (Transcrypt International Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] )
(1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] )
(i) No exceptions. [ ] .
(ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 2 contracts
Samples: Nonstandardized 401(k) Plan Adoption Agreement (Invesco Value Trust), Adoption Agreement (Invesco International Funds Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 2 contracts
Samples: Adoption Agreement (Motor Cargo Industries Inc), Adoption Agreement (Motor Cargo Industries Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] )
(ia) No exceptions. [ ] (iib) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 2 contracts
Samples: 401(k) Plan Adoption Agreement (Quicksilver Resources Inc), Adoption Agreement (National Home Centers Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Samples: Defined Contribution Prototype Plan and Trust Agreement (Mmi Products Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] o (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] o (ia) No exceptions. [ ] o (iib) Substituting "7 1/2%7½%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 7-1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Samples: Adoption Agreement (Hub Group Inc)
For Non. Key Employees also participating in the defined benefit plan, the top top-heavy minimum is: (Choose one of (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) one of a. or (ii)b.) [ ] (i) a. No exceptions. [ ] (ii) b. Substituting "7 1/2%" for "5%" if the top top- heavy ratio does not exceed 90%. [ ] (2) 0%. [Note: The defined benefit plan must satisfy the top-heavy minimum benefit requirement for these Non-Key Employees.]
Appears in 1 contract
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.)
Appears in 1 contract
Samples: Adoption Agreement (American National Financial Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting ii)Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
For Non. Key Employees also participating in the defined benefit plan, the top top-heavy minimum is: (Choose one of (1) or (2)) [ ] o (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) one of a. or (iib.)) [ ] (i)
o a. No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Samples: 401(k) Plan Adoption Agreement (Americas Carmart Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] | | (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.)
Appears in 1 contract
Samples: Defined Contribution Master Plan and Trust Agreement (Oceaneering International Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: ([Choose (1) or (2)) ] [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: ([Choose (i) or (ii)) ] [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Samples: Adoption Agreement (Spice Entertaiment Companies Inc)
For Non. Key Employees also participating in the defined benefit plan, the top top-heavy minimum is: (Choose one of (1) or (2)) [ ] o (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) one of a. or (iib.)) [ ] (i)
o a. No exceptions. [ ] (ii) o b. Substituting "“7 1/2%" ” for "“5%" ” if the top top-heavy ratio does not exceed 90%.
Appears in 1 contract
Samples: 401(k) Plan Adoption Agreement (Americas Carmart Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] |_| (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] |_| (i) No exceptions. [ ] |_| (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Samples: Adoption Agreement (Ce Software Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] ](i) No exceptions. [ ] ](ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Samples: Adoption Agreement (Eglobe Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/27%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Samples: Adoption Agreement (Paychex Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Samples: Defined Contribution Master Plan and Trust Agreement (Washington Homes Inc)