Minimum Vesting. For any Plan Year in which this Plan is Top-Heavy, the minimum vesting schedule elected by the Employer in the Adoption Agreement will automatically apply to the Plan. If the vesting schedule selected by the Employer in the Adoption Agreement is less liberal than the allowable schedule, the schedule will automatically be modified. If the vesting schedule under the Employer's Plan shifts in or out of the Top-Heavy schedule for any Plan Year, such shift is an amendment to the vesting schedule and the election in paragraph 9.8 of the Plan applies. The minimum vesting schedule applies to all accrued benefits within the meaning of Code Section 411(a)(7) except those attributable to Employee contributions, including benefits accrued before the effective date of Code Section 416 and benefits accrued before the Plan became Top-Heavy. Further, no reduction in vested benefits may occur in the event the Plan's status as Top-Heavy changes for any Plan Year. However, this paragraph does not apply to the account balances of any Employee who does not have an Hour of Service after the Plan initially becomes Top-Heavy and such Employee's account balance attributable to Employer contributions and forfeitures will be determined without regard to this paragraph.
Appears in 3 contracts
Samples: East West Bancorp Inc, Non Standardized Adoption Agreement (Princeton Review Inc), Adoption Agreement (Shared Technologies Cellular Inc)
Minimum Vesting. For any Plan Year in during which this Plan is Top-Heavy, the minimum vesting schedule elected selected by the Employer in the Adoption Agreement will automatically apply to the Plan. If the vesting schedule selected elected by the Employer in the Adoption Agreement is less liberal than the allowable schedule, the schedule will automatically be modifiedshift to a vesting schedule which satisfies the Top-Heavy minimum requirements. If the vesting schedule under the Employer's ’s Plan shifts in or out of the Top-Heavy schedule for any Plan Year, such shift is an amendment to the vesting schedule and the election in paragraph 9.8 9.9 of the Basic Plan Document #01 applies. The minimum vesting schedule applies to all accrued benefits within the meaning of Code Section 411(a)(7) except those attributable to Employee contributions, including benefits accrued before the effective date of Code Section 416 and benefits accrued before the Plan became Top-Heavy. Further, no No reduction in vested benefits may occur in the event the Plan's ’s status as Top-Heavy changes for any Plan Year. However, this This paragraph does not apply to the account balances of any Employee who does not have an one (1) Hour of Service after the Plan initially becomes Top-Heavy and such Employee's ’s account balance attributable to Employer contributions and forfeitures will be determined without regard to this paragraph.
Appears in 3 contracts
Samples: Prototype Defined Contribution Plan (Georgetown Bancorp, Inc.), Nonstandardized Adoption Agreement (Chicopee Bancorp, Inc.), Idt Corp
Minimum Vesting. For any Plan Year in during which this Plan is Top-Heavy, the minimum vesting schedule elected selected by the Employer in the Adoption Agreement will automatically apply to the Plan. If the vesting schedule selected elected by the Employer in the Adoption Agreement is less liberal than the allowable schedule, the schedule will automatically be modifiedshift to a vesting schedule which satisfies the Top-Heavy minimum requirements. If the vesting schedule under the Employer's ’s Plan shifts in or out of the Top-Heavy schedule for any Plan Year, such shift is an amendment to the vesting schedule and the election in paragraph 9.8 9.9 of the Basic Plan Document #01 applies. The minimum vesting schedule applies to all accrued benefits within the meaning of Code Section 411(a)(7) except those attributable to Employee contributions, including benefits accrued before the effective date of Code Section 416 and benefits accrued before the Plan became Top-Heavy. Further, no No reduction in vested benefits may occur in the event the Plan's ’s status as Top-Heavy changes for any Plan Year. However, this This paragraph does not apply to the account balances of any Employee who does not have an Hour of Service after the Plan initially becomes Top-Heavy and such Employee's account balance attributable to Employer contributions and forfeitures will be determined without regard to this paragraph.one
Appears in 3 contracts
Samples: Prototype Defined Contribution Plan (United Community Bancorp), Prototype Defined Contribution Plan (FNB United Corp.), Century Bancorp Inc
Minimum Vesting. For any Plan Year in during which this Plan is Top-Heavy, the minimum vesting schedule elected selected by the Employer in the Adoption Agreement will automatically apply to the Plan. If the vesting schedule selected elected by the Employer in the Adoption Agreement is less liberal than the allowable schedule, the schedule will automatically be modifiedshift to a vesting schedule which satisfies the Top-Heavy minimum requirements. If the vesting schedule under the Employer's Plan shifts in or out of the Top-Heavy schedule for any Plan Year, such shift is an amendment to the vesting schedule and the election in paragraph 9.8 9.9 of the Basic Plan Document #01 applies. The minimum vesting schedule applies to all accrued benefits within the meaning of Code Section 411(a)(7) except those attributable to Employee contributions, including benefits accrued before the effective date of Code Section 416 and benefits accrued before the Plan became Top-Heavy. Further, no No reduction in vested benefits may occur in the event the Plan's status as Top-Heavy changes for any Plan Year. However, this This paragraph does not apply to the account balances of any Employee who does not have an one (1) Hour of Service after the Plan initially becomes Top-Heavy and such Employee's account balance attributable to Employer contributions and forfeitures will be determined without regard to this paragraph.
Appears in 2 contracts
Samples: Nonstandardized Adoption Agreement (Banctrust Financial Group Inc), Measurement Specialties Inc
Minimum Vesting. For any Plan Year in which this Plan is Top-Heavy, the minimum vesting schedule elected by the Employer in the Adoption Agreement will automatically apply to the Plan. If the vesting schedule selected by the Employer in the Adoption Agreement is less liberal than the allowable schedule, the schedule will automatically be modified. If the vesting schedule under the Employer's Plan shifts in or out of the Top-Heavy schedule for any Plan Year, such shift is an amendment to the vesting schedule and the election in paragraph 9.8 of the Plan applies. The minimum vesting schedule applies to all accrued benefits within the meaning of Code Section 411(a)(7) except those attributable to Employee contributions, including benefits accrued before the effective date of Code Section 416 and benefits accrued before the Plan became Top-Heavy. Further, no reduction in vested benefits may occur in the event the Plan's Plan?s status as Top-Top- Heavy changes for any Plan Year. However, this paragraph does not apply to the account balances of any Employee who does not have an Hour of Service after the Plan initially becomes Top-Heavy and such Employee's Employee?s account balance attributable to Employer contributions and forfeitures will be determined without regard to this paragraph.
Appears in 1 contract
Samples: Inventa Technologies Inc