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.
Appears in 1 contract
Samples: Employee Stock Ownership Plan and Trust Agreement (Fronteer Directory Company Inc)
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 that 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)Employee. 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.
Appears in 1 contract
Samples: Employee Stock Ownership Plan and Trust Agreement (Millers Mutual Fire Insurance Co)
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 that 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)Employee. However, if a defined benefit plan maintained by the Employer which benefits a Key Employee depends on this Plan to satisfy the antidiscrimination anti- discrimination 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.
Appears in 1 contract
Samples: Employee Stock Ownership Plan and Trust Agreement (Liberty Bancshares Inc /Mo)
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 that Plan Year, irrespective of whether he satisfies the Hours of Service condition under Section 3.06; and
(b) The top heavy minimum allocation is equal to the lesser of 3% of the Non-Key Employee's Compensation (as defined in Section 1.29) 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(S)401(a)(4) or the coverage rules of Code Section 410 (S)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.
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 1.291.38) who is a Participant and is employed by the Employer Company on the last day of the Plan Year will receive a top heavy minimum allocation for the that Plan Year, irrespective of whether he or she satisfies the Hours of Service condition under Section 3.064.06; and
(b) The top heavy minimum allocation is the lesser of 3% 3 percent 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 1.291.39). However, if a defined benefit plan maintained by the Employer Company which benefits a Key Employee depends on this Plan to satisfy the antidiscrimination rules of Code Section 401(a)(4(S)401(a)(4) or the coverage rules of Code Section 410 (S)410 (or another plan benefiting benefitting the Key Employee so depends on such defined benefit plan), the top heavy minimum allocation is 3% 3 percent of the Non-Key Employee's Compensation regardless of the contribution rate for the Key Employees.
Appears in 1 contract
Samples: Employees' Stock Ownership Plan and Trust Agreement (Caseys General Stores Inc)