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%. [ ] (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 1 contract
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose one)
(1) or (2)As described in Section 3.04(A) of the Plan, without modification. [ ] (12) 5% of Compensation (as determined under Section 3.04(B3.04(A) 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%. [ ] .
(2) 0%No top heavy minimum allocation. [Note: The Employer may not select this Option (23) unless the defined benefit plan satisfies the top heavy minimum benefit requirements of Code 416 ss.416 for these Non-Key Employees.]
Appears in 1 contract
Samples: 401(k) Retirement Savings Plan (Reptron Electronics 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%. [ ] (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 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 1/271/2%" 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 1 contract
Samples: Salary Deferral Plan (Team 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 1/271/2%" 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 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%. [ ] (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 SS416 for these Non-Key Employees.]
Appears in 1 contract
Samples: Adoption Agreement (Pluma Inc)
For Non. Key Employees also participating in the defined benefit plan, the top top-heavy minimum is: (Choose CHOOSE (1) or OR (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the PlanAS DETERMINED UNDER SECTION 18.04 OF THE PLAN) irrespective of the contribution rate of any Key Employee, except: (Choose CHOOSE (i) or OR (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 7-1/2%" for "5%" if the top heavy ratio Top-Heavy Ratio does not exceed 90%. [ ] (2) 0%. [NoteNOTE: The Employer may not select this Option (2) unless the defined benefit plan satisfies the top top-heavy minimum benefit requirements of Code Section 416 for these Non-Key Employees.]
Appears in 1 contract
Samples: 401(k) Volume Submitter Plan and Trust Agreement (Krispy Kreme Doughnuts Inc)
For Non. Key Employees also participating in the defined benefit plan, the top 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 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 1 contract
Samples: Defined Contribution Master Plan and Trust Agreement (Universal Compression Holdings Inc)