Common use of Minimum Clause in Contracts

Minimum. CONTRIBUTION Notwithstanding any other provision in the Employer's Plan, for any Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant (without regard to any Social Security contribution) under this Plan or a combination of paired or non-paired Defined Contribution Plans and no Defined Benefit Plans which are Top-Heavy, the Employer will contribute the lesser of 3% of such Participant's Compensation or the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee's Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated on behalf of any Key Employee for that year. (a) In any Limitation Year prior to January 1, 2000, if the Employer maintains or maintained a Defined Benefit Plan which is not paired, the provisions of the "Limitations on Allocations" section of the Adoption Agreement shall apply. (b) Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer's minimum contribution for such Plan Year. The minimum allocation applies 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 the Participant fails to make required contributions to the Plan, the Participant's Compensation is less than a stated amount, or the Participant fails to complete one-thousand (1,000) Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A paired profit-sharing Plan designated to provide the Top-Heavy minimum contribution must do so regardless of profits. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum Contribution will be made to all Participants or just non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals and Matching Contributions are not taken into account.

Minimum. CONTRIBUTION Notwithstanding any other provision in the Employer's Plan, for any Plan Year in which the Plan is Top-Heavy or Super Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant (without regard to any Social Security contribution) under this Plan or a combination of paired or non-paired and any other Defined Contribution Plans and no Defined Benefit Plans which are Top-Heavy, Plan of the Employer will contribute shall be the lesser of 3% of such Participant's Compensation or the largest percentage of the Employer contributions and forfeitures, as a percentage of the first $200,000, as adjusted under Code Section 415(d), of the Key Employee's Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated on behalf of any Key Employee for that year. (a) In any Limitation Year prior to January 1, 2000, if the Employer maintains or maintained a Defined Benefit Plan which is not paired, the provisions of the "Limitations on Allocations" section of the Adoption Agreement shall apply. (b) . Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer's minimum contribution for such Plan Year. The minimum allocation applies 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 the Participant fails to make required contributions Voluntary Contributions to the Plan, the Participant's Compensation is less than a stated amount, or the Participant fails to complete one-thousand (1,000) 1,000 Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A paired Paired profit-sharing Plan plan designated to provide the minimum Top-Heavy minimum contribution must do so regardless of profits. An Employer may elect in make the Adoption Agreement by resolution or by Plan amendment whether the minimum Top-Heavy minimum Contribution will be made contribution available to all Participants or just non-Key Employees. Unless the Employer specifies otherwise in the Adoption Agreement, the minimum Top-Heavy contribution will be allocated to the accounts of all eligible Participants even if they are Key Employees. For purposes of computing the minimum allocation, Compensation shall mean Compensation as defined in paragraph 1.12(c) of the Plan. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan Top-Heavy Plans will be satisfied met in the other plan(s). If a Key Employee makes an Elective Deferral or has an allocation of Matching Contributions credited contributions made to his or her account, a Top-Heavy minimum contribution will be required for all non-Key Employees who are Participants. For However, neither Elective Deferrals by nor Matching Contributions to non-Key Employees may be taken into account for purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals and Matching Contributions are not taken into account.

Minimum. CONTRIBUTION Notwithstanding any other provision in the Employer's Plan, for any Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant (without regard to any Social Security contribution) under this Plan and any other Defined Contribution Plan of the Employer shall be determined as follows: 77 (a) When the Employer maintains one Plan or a combination of paired Paired or non-paired Defined Contribution Plans and no Defined Benefit Plans which are Top-Heavy or Super Top- Heavy, the Employer will contribute the lesser of 3% of such Participant's Compensation or the largest percentage of the Employer contributions and forfeitures, as a percentage of the first $200,000 of the Key Employee's Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated on behalf of any Key Employee for that year. (ab) In any Limitation Year prior Minimum Top-Heavy Contributions for Paired Defined Contribution and Defined Benefit Plans where the Plans are not Super Top-Heavy: (1) If an Employee participates in Paired Defined Contribution Plan #04001 or #04002 and also participates in Paired Defined Benefit Plan #02001, #02002, #02003 or #02004, the Employer shall provide a minimum non- integrated benefit of 3% of the highest 5-consecutive year average Compensation for each non-Key Employee who participates in such Defined Benefit Plan, not to January exceed a cumulative accrued benefit of 30%. (2) If an Employee participates in Paired Defined Contribution Plan #04001 or #04002, but does not participate in Paired Defined Benefit Plan #02001, #02002, #02003 or #02004, the Employer shall make a minimum non-integrated allocation of Employer contributions and forfeitures (in the aggregate under all Defined Contribution Plans) of 4% of each eligible Participant's Top-Heavy Compensation. (c) Minimum Top-Heavy Contributions for Paired Defined Contribution and Defined Benefit Plans where the Plans are Super Top-Heavy: (1) If an Employee participates in Defined Contribution Plan #04001 or #04002 and in Paired Defined Benefit Plan #02001, 2000#02002, if #02003 or #02004, the Employer shall provide a minimum non-integrated benefit of 2% of the highest 5-consecutive year average Compensation for each non-Key Employee who participates in such Defined Benefit Plan, not to exceed a cumulative accrued benefit of 20%. (2) If an Employee participates in Defined Contribution Plan #04001 or #04002, but does not participate in Paired Defined Benefit Plan #02001, #02002, #02003 or #02004, the minimum contribution requirements at paragraph 14.2(b)(2) shall apply except that the minimum non- integrated allocation percentage shall be 3% instead of 4%. (d) If the Employer maintains or maintained a Defined Benefit Plan which is not paired, the provisions of the "Limitations on Allocations" section of the Adoption Agreement shall apply. (b) . Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer's minimum contribution for such Plan Year. The minimum allocation applies 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 the Participant fails to make required contributions Mandatory 78 Contributions to the Plan, the Participant's Compensation is less than a stated amount, or the Participant fails to complete one-thousand (1,000) 1,000 Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) Agreement during the Plan Year. .) A paired Paired profit-sharing Plan plan designated to provide the minimum Top-Heavy minimum contribution must do so regardless of profits. An Unless the Employer may elect specifies otherwise in the Adoption Agreement by resolution or by Plan amendment whether Agreement, the minimum Top-Heavy minimum Contribution will be made to all Participants or just non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-allocated to the accounts of all eligible Participants, even if they are Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals and Matching Contributions are not taken into accountEmployees.

Minimum. CONTRIBUTION Notwithstanding any other provision in the Employer's Plan, for any Plan Year in which the Plan is Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant (without regard to any Social Security contribution) under this Plan or a combination of paired or non-paired Defined Contribution Plans and no Defined Benefit Plans which are Top-Heavy, the Employer will contribute the lesser of 3% of such Participant's Compensation or the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee's Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, allocated on behalf of any Key Employee for that year. (a) In any Limitation Year prior to January 1, 2000, if the Employer maintains or maintained a Defined Benefit Plan which is not paired, the provisions of the "Limitations on Allocations" section of the Adoption Agreement shall apply. (b) Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer's minimum contribution for such Plan Year. The minimum allocation applies 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 the Participant fails to make required contributions to the Plan, the Participant's Compensation is less than a stated amount, or the Participant fails to complete one-thousand (1,000) Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A paired profit-sharing Plan designated to provide the Top-Heavy minimum contribution must do so regardless of profits. An Employer may elect in the Adoption Agreement by resolution or by Plan amendment whether the Top-Heavy minimum Contribution will be made to all Participants or just non-non- Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals and Matching Contributions are not taken into account.

Minimum. CONTRIBUTION Notwithstanding any other provision in the Employer's Plan, for any Plan Year in which the Plan is Top-Heavy or Super Top-Heavy, the aggregate Employer contributions and forfeitures allocated on behalf of any Participant (without regard to any Social Security contribution) under this Plan or a combination of paired or non-paired and any other Defined Contribution Plans and no Defined Benefit Plans which are Top-Heavy, Plan of the Employer will contribute the shall be lesser of 3% of such Participant's Compensation or the largest percentage of the Employer contributions and forfeitures, as a percentage of the Key Employee's Compensation, up to a maximum permitted under Code Section 401(a)(17), as indexed, annual Compensation allocated on behalf of any Key Employee for that year. (a) In any Limitation Year prior to January 1, 2000, if the Employer maintains or maintained a Defined Benefit Plan which is not paired, the provisions of the "Limitations on Allocations" section of the Adoption Agreement shall apply. (b) . Each Participant who is employed by the Employer on the last day of the Plan Year shall be entitled to receive an allocation of the Employer's minimum contribution for such Plan Year. The minimum allocation applies applies, 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 year, because the Participant fails to make required contributions Mandatory Contributions to the Plan, the Participant's Compensation is less than a stated amount, or the Participant fails to complete one-thousand (1,000) 1,000 Hours of Service (or such lesser number designated by the Employer in the Adoption Agreement) during the Plan Year. A paired Paired profit-sharing Plan plan designated to provide the Top-minimum Top Heavy minimum contribution must do so regardless of profits. An Employer may elect in make the Adoption Agreement by resolution or by Plan amendment whether the minimum Top-Heavy minimum Contribution will be made contribution available to all Participants or just non-Key Employees. The Top-Heavy minimum contribution does not apply to any Participant to the extent the Participant is covered under any other plan(s) of the Employer and the Employer has provided in the Adoption Agreement that the minimum allocation or benefit requirements applicable to this Plan will be satisfied in the other plan(s). If a Key Employee makes an Elective Deferral or has an allocation of Matching Contributions credited to his or her account, a Top-Heavy minimum contribution will be required for non-Key Employees who are Participants. For purposes of satisfying the Top-Heavy minimum contribution requirement, Elective Deferrals and Matching Contributions are not taken into account.