Common use of Minimum Allocation Clause in Contracts

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.

Appears in 2 contracts

Samples: Employee Stock Ownership Plan and Trust Agreement (DST Systems Inc), Employee Stock Ownership Plan and Trust Agreement (DST Systems Inc)

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Minimum Allocation. If the Plan is top heavy in any Plan Year: (a) Each Non-Key Employee (as defined in Section 1.301.29) who is a Participant in the Plan and is employed by DST the Employer 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)3.06; and (b) The top heavy minimum allocation is the lesser of 3% of the NonKey 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 in the Plan (as defined in Section 1.301.29). However, if a defined benefit plan maintained by DST the Employer which benefits a Key Employee in the Plan depends on this Plan to satisfy the antidiscrimination rules of Code ss.401(a)(4Section 401(a)(4) or the coverage rules of Code ss.410 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 in the PlanEmployees.

Appears in 1 contract

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

Minimum Allocation. If the Plan is top heavy in any Plan Year: (a) Each Non-Key Employee (as defined in Section 1.301.29) who is a Participant in the Plan and is employed by DST the Employer 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)3.06; and (b) The top heavy minimum allocation is the lesser lessor of 3% of the NonKey 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 in the Plan (as defined in Section 1.301.29). However, if a defined benefit plan maintained by DST the Employer 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-Non- Key Employee's Compensation regardless of the contribution rate for the Key Employees in the PlanEmployees.

Appears in 1 contract

Samples: Profit Sharing Plan and Trust Agreement (DST Systems Inc)

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Minimum Allocation. If the Plan is top heavy in any Plan Year: (a) Each Non-Key Employee (as defined in Section 1.301.28) who is a Participant in the Plan and is employed by DST the Employer on the last day of the Plan Year will receive a top heavy minimum allocation for that the Plan Year, irrespective of whether he satisfies the Hours of Service condition under Section 3.09(B)3.6; and (b) The top heavy minimum allocation is the lesser of 3% of the NonKey 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 in the Plan (as defined in Section 1.301.28). However, if a defined benefit plan maintained by DST the Employer which benefits a Key Employee in the Plan depends on this Plan to satisfy the antidiscrimination rules of Code ss.401(a)(4Section 401(a)(4) or the coverage rules of Code ss.410 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 in the PlanEmployees.

Appears in 1 contract

Samples: Employee Stock Ownership Plan and Trust Agreement (Edwards J D & Co)

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