Minimum Allocation. If the Employer has adopted Sponsor's paired defined contribution plan number 01001, 01003, 01005 or 01006 in addition to this Plan and the definition of "Eligible Employee" in all paired plans is identical, then the minimum allocation required by Section 13.3 will be provided ( ) under this Plan; ( ) under such other paired defined contribution plan. If the Employer has adopted Sponsor's paired defined benefit plan number 02001, then Participants in this Plan (and another paired defined contribution plan, if any) shall receive the Top Heavy minimum benefit contribution under the paired defined benefit plan and shall receive no minimum allocation. If a Participant in this Plan who is a Non-Key Employee is covered under another qualified plan maintained by the Employer, other than a paired plan of the Sponsor, the minimum Top Heavy allocation or benefit required under Section 416 of the Code shall be provided to such Non-Key Employee under:
Minimum Allocation. (a) Except as otherwise provided in (b), (c) and (d) below, when the Plan is Top-Heavy the Employer contributions and forfeitures allocated on behalf of any Participant who is a Non-Key Employee shall not be less than the lesser of three percent (3%) of such Participant's Compensation or, if neither the Employer nor an Affiliated Employer maintains a defined benefit plan which designates this Plan to satisfy sections 401(a)(4) or 410 of the Code, the largest percentage of Employer contributions and forfeitures, as a percentage of the Key Employee's Compensation, as limited by section 401(a)(17) of the Code allocated on behalf of any Key Employee for that year. For purposes of determining whether a Plan is Top-Heavy, Elective Deferrals are considered Employer contributions. However, neither Elective Deferrals nor Matching Contributions may be taken into account for purposes of satisfying the three percent (3%) minimum Top-Heavy contributions requirements for Plan Years beginning on or after January 1, 1989. The Minimum Allocation is determined without regard to a Social Security contribution. This Minimum Allocation shall be made even though, under other Plan provisions, the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because of (1) the Participant's failure to complete one thousand (1,000) Hours of Service (or any equivalent provided in the Plan), (2) the Participant's failure to make mandatory employee contributions, or (3) the Participant's Compensation is less than a stated amount.
(b) The provision in (a) above shall not apply to any Participant who was not employed by the Employer on the last day of the Plan Year.
(c) If the Employer maintains a qualified defined benefit plan and this Plan is Top-Heavy, but is not Super Top-Heavy, each Participant who is a Non-Key Employee and is not covered by the defined benefit plan shall receive the Minimum Allocation under (a) above, except that "four percent (4%) "shall be substituted for "three percent (3%)".
(d) The provision in (a) above shall not apply with respect to any Participant covered under any other qualified plan or plans of the Employer other than a paired plan of the Sponsor and the adopting Employer has elected in the Adoption Agreement that the minimum Top Heavy allocation or benefit will be met in the other plan or plans. If the Employer maintains a qualified defined benefit plan, other than Sponsor's paired defin...
Minimum Allocation. If the Employer has adopted Sponsor's paired defined contribution plan number 01001, 01004 or 01005 in addition to this Plan, then the minimum allocation required by Section 13.3 will be provided ( ) under this Plan; ( ) under such other paired defined contribution plan. If the Employer has adopted Sponsor's paired defined benefit plan number 02001, then Participants in this Plan (or another paired defined contribution plan) who are covered under the paired defined benefit plan shall receive the minimum top heavy benefit under the paired defined benefit plan and shall receive no minimum allocation. If a Participant in this Plan who is a Non-Key Employee is covered under another qualified plan maintained by the Employer, other than a paired plan of the Sponsor, the minimum top heavy allocation or benefit required under section 416 of the Code shall be provided to such Non-Key Employee under:
Minimum Allocation. Adjustment to Defined Benefit Fraction and Defined Contribution Fraction under section 6.4. . . . . . . . . . . . . . . . 87
Minimum Allocation. 7 1.15 Integration Level .................. 2 1.16
Minimum Allocation. The District shall guarantee that the minimum allocation to CSEA shall be at least enough to cover any increases in regulatory benefits on the base salaries and step increases. In no case shall the Total Available for Compensation and Benefits be less than zero.
Minimum Allocation. If the Plan is top heavy in any Plan Year:
(a) Each Non-Key Employee (as defined in Section 1.30) who is a Participant in the Plan and is employed by DST on the last day of the Plan Year will receive a top heavy minimum allocation for that Plan Year, irrespective of whether he satisfies the Hours of Service condition under Section 3.09(B); and
(b) The top heavy minimum allocation is the lesser of 3% of the NonKey Employee's Compensation for the Plan Year or the highest contribution rate for the Plan Year made on behalf of any Key Employee in the Plan (as defined in Section 1.30). However, if a defined benefit plan maintained by DST which benefits a Key Employee in the Plan depends on this Plan to satisfy the antidiscrimination rules of Code ss.401(a)(4) or the coverage rules of Code ss.410 (or another plan benefiting the Key Employee so depends on such defined benefit plan), the top heavy minimum allocation is 3% of the Non-Key Employee's Compensation regardless of the contribution rate for the Key Employees in the Plan.
Minimum Allocation. If the Plan is top heavy in any Plan Year:
(a) Each Non-Key Employee (as defined in Section 1.29) who is a Participant and is employed by the Employer on the last day of the Plan Year will receive a top heavy minimum allocation for the Plan Year, irrespective of whether he satisfies the Hours of Service condition under Section 3.06; and
(b) The top heavy minimum allocation is the lesser of 3% of the Non-Key Employee's Compensation for the Plan Year or the highest contribution rate for the Plan Year made on behalf of any Key Employee (as defined in Section 1.29). However, if a defined benefit plan maintained by the Employer which benefits a Key Employee depends on this Plan to satisfy the antidiscrimination rules of Code Section 401(a)(4) or the coverage rules of Code Section 410 (or another plan benefiting the Key Employee so depends on such defined benefit plan), the top heavy minimum allocation is 3% of the Non-Key Employee's Compensation regardless of the contribution rate for the Key Employees.
Minimum Allocation. In any Plan Year in which this Plan is Top-Heavy, except as otherwise provided in (d), (e) and (f) below, the Employer Contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee shall not be less than the lesser of 3% of such Participant's Compensation or, in the case where the Employer has no defined benefit plan which designates this Plan to satisfy Code Section 401, the largest percentage of Employer Contributions and forfeitures stated as a percentage of the first $200,000 of a Key Employee's Compensation, allocated on behalf of any Key Employee for that Plan Year. The minimum allocation is determined without regard to any Social Security contribution by the Employer. This minimum allocation shall be made even though, under other provisions of this Plan, the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because (i) the Participant failed to complete the minimum number of Hours of Service specified in the Adoption Agreement for receiving an allocation, (ii) the Participant's Compensation was less than a stated amount, or (iii) the Participant made insufficient mandatory contributions to receive an Employer Contribution (allocated on a thrift matching basis) sufficient to alleviate the need a minimum allocation under this Section 21.03.
Minimum Allocation. The minimum top-heavy contributions or benefit, if any, will be made under [Check one. See Section 12.3(d) and (g).]
a. [ ] Standard: this Plan.
b. [ x ] the following plan(s): The OshKosh B'Gosh, Inc. Pension Plan
