Common use of Key Employee Clause in Contracts

Key Employee. Key employee means any employee or former employee (including any deceased employee) who at any time during the plan year that includes the determination date was an officer of the employer having annual compensation greater than $130,000 (as adjusted under Section 416(i)(1) of the Code for plan years beginning after December 31, 2002), a 5-percent owner of the employer, or a 1-percent owner of the employer having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section 416(i)(1) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 12 contracts

Samples: Adoption Agreement (LSB Bancshares Inc /Nc/), Defined Contribution Prototype Plan (Trimeris Inc), Profit Sharing Plan and Trust Adoption Agreement

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Key Employee. Key employee means any employee or former employee (including any deceased employee) who at any time during the plan year Plan Year that includes the determination date was an officer of the employer an Affiliate having annual compensation greater than $130,000 (as adjusted under Section Code ss. 416(i)(1) of the Code for plan years Plan Years beginning after December 31, 2002), a 5-percent owner of the employeran Affiliate, or a 1-percent owner of the employer an Affiliate having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section Code ss. 415(c)(3) of the Code). The determination of who is a key employee will be made in accordance with Section Code ss. 416(i)(1) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 2 contracts

Samples: 401(k) Plan and Trust Agreement (Lodgian Inc), 401(k) Plan and Trust Agreement (Lodgian Inc)

Key Employee. Key employee means any employee or former employee (including any deceased employee) who at any time during the plan year Plan Year that includes the determination date was an officer of the employer having annual compensation greater than $130,000 (as adjusted under Section section 416(i)(1) of the Code for plan years beginning after December 31, 2002), a 5-percent owner of the employer, or a 1-percent owner of the employer having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section section 416(i)(1) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 2 contracts

Samples: Single Defined Benefit Plan, Single Defined Benefit Plan

Key Employee. Key employee means any employee or former employee (including any deceased employee) who at any time during the plan year Plan Year that includes the determination date Determination Date was an officer of the employer Employer having annual compensation greater than $130,000 (as adjusted under Section 416(i)(1) of the Code for plan years Plan Years beginning after December 31, 2002), a 5-percent % owner of the employer, Employer or a 1-percent % owner of the employer Employer having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section 416(i)(1) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 1 contract

Samples: Trust Agreement (Polonia Bancorp)

Key Employee. Key employee means any employee or former employee (including any deceased employee) who at any time during the plan year that includes the determination date was an officer of the employer having annual compensation greater than $130,000 (as adjusted under Section 416(i)(1) of the Code for plan years beginning after December 31, 2002), a 5-percent owner of the employer, or a 1-percent owner of the employer having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section 416(i)(1416 (i)(1) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 1 contract

Samples: 401(k) Plan Adoption Agreement (Petco Animal Supplies Inc)

Key Employee. Key employee means any employee or former employee ------------- (including any deceased employee) who at any time during the plan year that includes the determination date was an officer of the employer having annual compensation greater than $130,000 (as adjusted under Section 416(i)(1) of the Code for plan years beginning after December 31, 2002), a 5-percent owner of the employer, or a 1-percent owner of the employer having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section 416(i)(1) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 1 contract

Samples: 401(k) Profit Sharing Plan Adoption Agreement (Wayne Savings Bancshares Inc /De/)

Key Employee. Key employee means any employee or former employee (including any deceased employee) who at any time during the plan year that includes the determination date was an officer of the employer having annual compensation greater than $130,000 (as adjusted under Section section 416(i)(1) of the Code for plan years beginning after December 31, 2002), a 5-percent owner of the employer, or a 1-percent owner of the employer having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section 416(i)(1) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 1 contract

Samples: Voluntary Pension and Salary Deferral Plan and Trust Agreement (Flow International Corp)

Key Employee. Key employee means any employee or former employee (including any deceased employee) who at any time during the plan year that includes the determination date was an officer of the employer having annual compensation greater than $130,000 (as adjusted under Section section 416(i)(1) of the Code for plan years beginning after December 31, 2002), a 5-percent owner of the employer, employer or a 1-percent owner of the employer having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section section 416(i)(1) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 1 contract

Samples: 401(k) Adoption Agreement (Garmin LTD)

Key Employee. Key The term key employee means any employee or former employee (including any deceased employee) who at any time during the plan year that includes the determination date was an officer of the employer having annual compensation greater than $$ 130,000 (as adjusted under Section 416(i)(1) of the Code for plan years beginning after December 31, 2002), a 5-percent owner of the employer, or a 1-percent owner of the employer having annual compensation of more than $$ 150,000. For this purpose, annual compensation means compensation within the meaning of Section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section 416(i)(1) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 1 contract

Samples: Retirement Account (Moodys Corp /De/)

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Key Employee. Key employee means any employee or former employee (including any deceased employee) who at any time during the plan year that includes the determination date was an officer of the employer having annual compensation greater than $130,000 (as adjusted under Section 416(i)(1section 416(i)(l) of the Code for plan years beginning after December 31, 2002), a 5-percent owner of the employer, or a 1-1- percent owner of the employer having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section section 416(i)(1) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 1 contract

Samples: Employee Stock Ownership Plan Amendment (Sanderson Farms Inc)

Key Employee. Key employee means any employee or former employee (including any deceased employee) who at any time during the plan year that includes the determination date was an officer of the employer having annual compensation greater than $130,000 (as adjusted under Section 416(i)(1416(i)(l) of the Code Cede for plan years beginning after December 31, 2002), a 5-percent owner of the employer, or a 1-percent owner of the employer having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section 416(i)(1416(i)(l) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 1 contract

Samples: Adoption Agreement (Talbots Inc)

Key Employee. Key employee means any employee or former employee (including any deceased employee) who at any time anytime during the plan year that includes the determination date was an officer of the employer having annual compensation greater than $130,000 (as adjusted under Section 416(i)(1) of 416(i)(1)of the Code for plan years beginning after December 31, 2002), a 5-percent owner of the employer, or a 1-percent I -percent owner of the employer having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section 416(i)(1) of the Code and the applicable regulations Regulations and other guidance of general applicability issued thereunder.

Appears in 1 contract

Samples: Employee Profit Sharing and Stock Ownership Plan and Trust Agreement (PBSJ Corp /Fl/)

Key Employee. Key employee means any employee or former employee (including any deceased employee) who at any time during the plan year that than includes the determination date was an officer of the employer having annual compensation greater than $130,000 (as adjusted under Section 416(i)(1) of the Code for plan years beginning after December 31, 2002), a 5-percent owner of the employer, or a 1-percent owner of the employer having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section 416(i)(1) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 1 contract

Samples: 401(k) Plan Adoption Agreement (Allegiant Travel CO)

Key Employee. Key employee means any employee or former employee (including any deceased employee) who at any time during the plan year that includes the determination date was an officer of the employer having annual compensation greater than $130,000 (as adjusted under Section section 416(i)(1) of the Code for plan years beginning after December 31, 2002), a 5-percent owner of the employer, or a 1-percent owner of the employer having annual compensation of more than $150,000. For this purpose, annual compensation means compensation within the meaning of Section section 415(c)(3) of the Code. The determination of who is a key employee will be made in accordance with Section section 416(i)(1) of the Code and the applicable regulations and other guidance of general applicability issued thereunder.

Appears in 1 contract

Samples: Employee Stock Ownership Plan and Trust Agreement (Union Community Bancorp)

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