Common use of Minimum Employer Contribution Clause in Contracts

Minimum Employer Contribution. If this Plan is a Top Heavy Plan in any Plan Year, the contribution for each Non-Key Employee shall be at least equal to a minimum contribution. The Employer shall provide the top heavy minimum contribution under this Plan. If the contribution rate for the Key Employee with the highest contribution rate is greater than or equal to 3%, the minimum contribution shall be 3% of Compensation for each Non-Key Employee. If the contribution rate for the Key Employee with the highest contribution rate is less than 3%, the minimum contribution for each Non-Key Employee shall equal the highest contribution rate for a Key Employee. The contribution rate is the sum of Employer contributions (not including Employer contributions to Social Security) and forfeitures allocated to the Key Employee's Account for the Plan Year divided by the Key Employee's Compensation for the Plan Year. To determine the contribution rate, the Committee shall treat all qualified top heavy defined contribution plans maintained by the Employer as a single plan. For Plan Years beginning after December 31, 1988, the Committee shall not treat Elective Deferrals made to any plan pursuant to a Cash or Deferred Arrangement as Employer contributions for any Non-Key Employee; however, the Committee shall treat Elective Deferrals made to any plan pursuant to a Cash or Deferred Arrangement as Employer contributions for all Key Employees. Notwithstanding the preceding provisions of this Section, if a Defined Benefit Plan maintained by the Employer which benefits a Key Employee depends on this Plan to satisfy the nondiscrimination rules of Code 401(a)(4) or the coverage rules of Code 410 (or another plan benefiting the Key Employee so depends on such Defined Benefit Plan), the minimum contribution for a Non-Key Employee shall be 3% of the Non-Key Employee's Compensation regardless of the highest contribution rate for any Key Employee. If the contribution rate for the Plan Year with respect to a Non-Key Employee is less than the minimum contribution, the Employer shall increase its contribution for such Non-Key Employee to the extent necessary so that the contribution rate for the Plan Year shall equal the minimum contribution. If more than one entity maintains this Plan, each entity shall make the additional contribution attributable to the Compensation it pays the Non-Key Employee, unless the members enter into a separate written agreement allocating the responsibility for the additional contribution in another manner.

Minimum Employer Contribution. If this Plan is a Top Heavy Plan top heavy in any Plan Year, the Company guarantees a minimum contribution of the lesser of (i) three percent of Compensation for the Plan Year for each Non-Key Employee shall be at least equal who is a Participant employed by the Employer on the Anniversary Date of the Plan Year, without regard to a minimum contribution. The Employer shall provide the top heavy minimum contribution under this Plan. If the contribution rate for the Key Employee with the highest contribution rate is greater than Hours of Service completed, or equal to 3%, the minimum contribution shall be 3% of Compensation for each Non-Key Employee. If (ii) if the contribution rate for the Key Employee with the highest contribution rate is less than 3%three percent, the guaranteed minimum contribution for each Non-Key Employee Employees shall equal the highest contribution rate for received by a Key Employee. Such minimum contribution shall take priority over the allocation provisions of Section 4.03. The Plan satisfies the guaranteed minimum contribution for the Non-Key Employee if the Non-Key Employee's contribution rate is at least equal to the minimum contribution. For purposes of this Section, a Non-Key Employee Participant includes any Employee otherwise eligible to participate in the Plan but who is not a Participant because his Compensation does not exceed a specific level. The contribution rate is the sum of Employer contributions (not including Employer contributions to Social Security) and forfeitures Forfeitures, if any, allocated to the Key EmployeeParticipant's Account for the Plan Year divided by the Key Employee's his Compensation for the Plan Year. To determine the contribution rate, the Committee Administrator shall treat consider all qualified top heavy defined contribution plans maintained by the Employer as a single plan. For Plan Years beginning after December 31Subject to the next sentence, 1988if the Employer also contributes under and maintains a money purchase pension plan, the Committee Company shall not treat Elective Deferrals made to make any plan additional contribution required under this Section pursuant to a Cash or Deferred Arrangement as Employer contributions for any Non-Key Employee; however, the Committee shall treat Elective Deferrals made to any money purchase pension plan pursuant to a Cash or Deferred Arrangement as Employer contributions for all Key Employeesformula. Notwithstanding the preceding provisions of this Sectionsentence, if a Defined Benefit Participant participates both in this Plan maintained and a defined benefit plan sponsored by the Employer which benefits a Key Employee depends on this Plan to satisfy the nondiscrimination rules of Code 401(a)(4) or the coverage rules of Code 410 (or another plan benefiting the Key Employee so depends on such Defined Benefit Plan)Employer, then that Participant shall receive the minimum contribution for benefit under the defined benefit plan rather than under this Section 10.03. Elective contributions under a Non-Key Employee Code Section 401(k) arrangement and employer matching contributions allocated on the basis of those elective contributions shall not be 3% counted in the calculation of the a Non-Key Employee's Compensation regardless contribution rate, but shall be counted in the calculation of the highest contribution rate for any a Key Employee. If the 's contribution rate for the Plan Year with respect to a Non-Key Employee is less than the minimum contribution, the Employer shall increase its contribution for such Non-Key Employee to the extent necessary so that the contribution rate for the Plan Year shall equal the minimum contribution. If more than one entity maintains this Plan, each entity shall make the additional contribution attributable to the Compensation it pays the Non-Key Employee, unless the members enter into a separate written agreement allocating the responsibility for the additional contribution in another mannerrate.

Minimum Employer Contribution. If this In the event the Plan is determined to be a Top Heavy Plan in top-heavy plan with respect to any Plan YearYear beginning after December 31, 1983, the contribution for each Non-Key Employee shall be at least equal to a minimum contribution. The Employer shall provide the top heavy minimum contribution under this Plan. If the contribution rate for the Key Employee with the highest contribution rate is greater than or equal to 3%Matching Contributions, the minimum contribution shall be 3% of Compensation for each Non-Key Employee. If the contribution rate for the Key Employee with the highest contribution rate is less than 3%Employer ESOP Contributions, the minimum contribution for each Non-Key Employee shall equal the highest contribution rate for a Key Employee. The contribution rate is the sum of Employer contributions (not including Employer contributions to Social Security) and forfeitures allocated to the Key Employee's Account Separate Accounts and Separate ESOP Accounts of each non-key employee who is not separated from service with an Employer as of the end of such Plan Year shall be no less than the lesser of (a) three percent of his compensation or (b) the largest aggregate percentage of compensation that is allocated for such Plan Year to the Separate Accounts and Separate ESOP Accounts of any key employee attributable to Employer contributions (including Tax Deferred Contributions), except that, in the event the Plan Year divided by the Key Employee's Compensation for is part of a required aggregation group, and the Plan Year. To determine enables a defined benefit plan included in such group to meet the contribution raterequirements of Section 401(a)(4) or 410 of the Code, the Committee minimum allocation of Employer Matching Contributions and Employer ESOP Contributions and forfeitures to the Separate Accounts and Separate ESOP Accounts of each non-key employee shall treat all qualified top heavy defined be three percent of the compensation of such non-key employees. Any minimum allocation for a Participant required by this Section 16.4 shall be made without regard to any social security contribution plans maintained made by an Employer on behalf of the Participant, the Participant’s number of hours of service, Participant’s level of compensation, or whether the Participant declined to make elective or mandatory contributions. Employer as a single matching contributions shall be taken into account for purposes of satisfying the minimum contribution requirements of Section 416(c)(2) of the Code and the Plan. The preceding sentence shall apply with respect to matching contributions under the Plan or, if the Plan provides that the minimum contribution requirement shall be met in another plan, such other plan. For Plan Years beginning after December 31, 1988, Employer matching contributions that are used to satisfy the Committee minimum contribution requirements shall not treat Elective Deferrals made to any plan pursuant to a Cash or Deferred Arrangement be treated as Employer matching contributions for any Non-Key Employee; however, purposes of the Committee shall treat Elective Deferrals made to any plan pursuant to a Cash or Deferred Arrangement as Employer contributions for all Key Employeesactual contribution percentage test and other requirements of Section 401(m) of the Code. Notwithstanding the preceding provisions minimum top-heavy allocation requirements of this SectionSection 16.4, if in the event that the Plan is a Defined Benefit Plan top-heavy plan, each non-key employee hereunder who is also covered under a top-heavy defined benefit plan maintained by an Employer will receive the Employer which top-heavy benefits a Key Employee depends on this Plan to satisfy the nondiscrimination rules provided for under such defined benefit plan in lieu of Code 401(a)(4) or the coverage rules of Code 410 (or another plan benefiting the Key Employee so depends on such Defined Benefit Plan), the minimum contribution for a Nontop-Key Employee shall be 3% of heavy allocation under the Non-Key Employee's Compensation regardless of the highest contribution rate for any Key Employee. If the contribution rate for the Plan Year with respect to a Non-Key Employee is less than the minimum contribution, the Employer shall increase its contribution for such Non-Key Employee to the extent necessary so that the contribution rate for the Plan Year shall equal the minimum contribution. If more than one entity maintains this Plan, each entity shall make the additional contribution attributable to the Compensation it pays the Non-Key Employee, unless the members enter into a separate written agreement allocating the responsibility for the additional contribution in another manner.

Minimum Employer Contribution. If this Plan is a Top Heavy Plan in ----------------------------- any Plan Year, the contribution for each Non-Key Employee shall be at least equal to a minimum contribution. The Employer shall provide the top heavy minimum contribution under this Plan. If the contribution rate for the Key Employee with the highest contribution rate is greater than or equal to 3%, the minimum contribution shall be 3% of Testing Compensation for each Non-Key Employee. If the contribution rate for the Key Employee with the highest contribution rate is less than 3%, the minimum contribution for each Non-Key Employee shall equal the highest contribution rate for a Key Employee. The contribution rate is the sum of Employer contributions (not including Employer contributions to Social Security) and forfeitures allocated to the Key Employee's Account for the Plan Year divided by the Key Employee's Testing Compensation for the Plan Year. To determine the contribution rate, the Committee Plan Administrator shall treat all qualified top heavy defined contribution plans maintained by the Employer as a single plan. For Plan Years beginning after December 31, 1988, the Committee Plan Administrator shall not treat Elective Deferrals made to any plan pursuant to a Cash or Deferred Arrangement as Employer contributions for any Non-Key Employee; however, the Committee Plan Administrator shall treat Elective Deferrals made to any plan pursuant to a Cash or Deferred Arrangement as Employer contributions for all Key Employees. Notwithstanding the preceding provisions of this Section, if a Defined Benefit Plan maintained by the Employer which benefits a Key Employee depends on this Plan to satisfy the nondiscrimination antidiscrimination rules of Code (S) 401(a)(4) or the coverage rules of Code (S) 410 (or another plan benefiting the Key Employee so depends on such Defined Benefit Plan), the minimum contribution for a Non-Key Employee shall be 3% of the Non-Key Employee's Testing Compensation regardless of the highest contribution rate for any Key Employee. If the contribution rate for the Plan Year with respect to a Non-Key Employee is less than the minimum contribution, the Employer shall increase its contribution for such Non-Key Employee to the extent necessary so that the contribution rate for the Plan Year shall equal the minimum contribution. If more than one entity maintains this Plan, each entity shall make the additional contribution attributable to the Testing Compensation it pays the Non-Key Employee, unless the members enter into a separate written agreement allocating the responsibility for the additional contribution in another manner. If the Employer maintains, or has maintained, other qualified plans or if a Non-Key Employee participates in another top heavy qualified plan maintained by the Employer, the Plan Administrator shall administer this Section as modified by Adoption Agreement Section 3.02.