Multiple Employer Plans. Provisions relating to Multiple Employer Plans do not apply.
Multiple Employer Plans. If elected by the Employer in the Adoption Agreement, the Plan may also be adopted, by other employers that are not aggregated with the Employer under §414(b),(c), (m), or (o) of the Code. Such employers shall adopt the Plan by executing a separate Participation Agreement. In this case, the adopting Employer and each Participating Employer acknowledge that the Plan is a multiple employer plan subject to the rules of §413(c) and the regulations thereunder, specific annual reporting requirements, and different procedures for obtaining determination letters from the Internal Revenue Service regarding the qualified status of the plan. For purposes of plan participation and vesting, the adopting Employer and all Participating Employers shall be considered a single employer. An Employee’s service includes all service with the adopting Employer or any Participating Employer (or with any employer aggregated with the adopting or Participating Employer under §414(b), (c), (m), or (o)). An Employee who discontinues service with a Participating Employer but then resumes service with another Participating Employer shall not be considered to have severed employment. Except to the extent that the Participation Agreement allows, and the Participating Employer makes, separate elections with respect to its employees, the Participating Employer shall be bound by the terms of the Plan and Trust, including amendments thereto and any elections made by the adopting Employer. The limitation under the Plan relating to the requirements of §§415, 402(g), and 414(v) of the Code shall be applied to the plan as a whole. The requirements of §§410(b), 401(a)(4), 401(k)(3)(A)(ii), 401(m)(2)(A), 414(q), and 416 shall be applied separately to each Participating Employer. For purposes of determining a Participant’s Required Beginning Date for minimum required distributions, a Participant shall be considered a 5% owner in a year in which the Participant is both a 5% owner and an Employee of a Participating Employer. A participating Employer may terminate their participation in this Multiple Employer Plan at any time by notifying the Plan Sponsor. Such termination of participation shall not constitute a termination of the Plan but rather a transfer to another plan as a restatement. The determination of whether or not there is a termination, within the meaning of section 411(d)(3), of a section 413(c) plan is made solely by reference to the rules of sections 411(d)(3) and 413(c)(3).
Multiple Employer Plans. If elected by the Employer in the Adoption Agreement the Plan may be adopted as a Multiple Employer Plan, that is, to be adopted as a non-collectively bargained single plan benefiting the Employees of two (2) or more employers who are not treated as a single Employer under Code Section 414(b), (c), (m), or (o). The Plan includes, as an addendum to the Adoption Agreement, a Joinder Agreement to be executed by any Employer that adopts the Plan and which is acknowledged by the Sponsoring Employer (the entity executing the Adoption Agreement). The Joinder Agreement must provide that the Participating Employer agrees to be bound by the terms of the Plan and Trust as adopted by the Sponsoring Employer, including any amendments thereto and any elections made by the Sponsoring Employer, except to the extent the Participation Agreement allows for, and the Participating Employer makes, separate elections with respect to its Employees. Each Participating Employer shall adopt the Plan by executing a separate Participation Agreement. The Employer and each Participating Employer acknowledge that the Plan is a Multiple Employer Plan subject to the rules of Code Section 413(c) and the Regulations thereunder which are incorporated by reference, specific annual reporting requirements, and different procedures for obtaining determination letters from the Internal Revenue Service regarding the qualified status of the Plan. The exclusive benefit requirement is applied to a Multiple Employer Plan by treating all Employees of all Participating Employers as if they were the Employees of the same Employer. In addition, the minimum participation requirements of Code Section 410(a) and the minimum vesting requirements of Code Section 411 are applied as if all Participating Employers were a single Employer, and service for any Employer counts as service for all. The limitations of Code Section 415 (Annual Additions), Code Section 402(g) (Elective Deferrals), and Code Section 414(v) (Catch-up Contributions) are applied to the Plan as a whole, rather than on an employer-by-employer basis. Likewise, if a Participant is both a 5% owner and an Employee of any Participating Employer in the year the Employee reaches age 70½, then the Employee’s Required Beginning Date is April 1 of the following year. The minimum coverage requirements of Code Section 410(b), the nondiscrimination requirements of Code Section 401(a)(4), the determination of top-heavy status and minimum contributions under Co...
Multiple Employer Plans. Neither the Company Group Members nor any of their respective ERISA Affiliates has in the preceding six (6) years maintained, participated in or contributed to (or been obligated to contribute to), or can reasonably expect to have future liability with respect to (i) a Pension Plan subject to Title IV of ERISA or Sections 412 or 430 of the Code or Section 302 of ERISA; (ii) a “multiemployer plan” (as defined in Section 4001(a)(3) of ERISA), (iii) a “multiple employer plan” (as defined in Section 413(c) of the Code), or (iv) multiple employer welfare arrangement (within the meaning of Section 3(40) of ERISA). No Employee Plan is funded by, associated with or related to a “voluntary employees’ beneficiary association” within the meaning of Section 501(c)(9) of the Code.
Multiple Employer Plans. Regardless of any election under AA §2-6, if an Employer (other than a Related Employer) executes a Participating Employer Adoption Page under the Adoption Agreement, the Plan is treated as a Multiple Employer Plan. Treatment of the Plan as a Multiple Employer Plan will not affect reliance on the Favorable IRS Letter issued to the Provider or any determination letter issued on the Plan.
Multiple Employer Plans. Neither Company nor any ERISA Affiliate currently participates in, or has ever participated in, or currently is required or has ever been required to contribute to or otherwise participate in, (i) any “multiemployer plan” (as defined in Section 3(37)(A) and 4001(a)(3) of ERISA and Section 414(f) of the Code); (ii) any “multiple employer plan” (as defined in Section 210(a) of ERISA or Section 413(c) of the Code), (iii) any plan subject to the minimum funding standards of Section 412 of the Code or Section 302 of ERISA, (iv) any funded welfare plan within the meaning of Section 419 of the Code, or (v) any plan maintained in connection with any trust described in Section 501(c)(9) of the Code. No Company Benefit Plan is a “multiple employer welfare arrangement” (as defined in Section 3(40) of ERISA). Neither the Company nor any ERISA Affiliate has ever maintained, established, sponsored, participated in or contributed to, any Company Benefit Plan in which securities of the Company or other employer with respect to the Company Benefit Plan is or was held as a plan asset.
Multiple Employer Plans. Except as set forth on Schedule 3.19h, no Benefit Plan that is: (x) an employee welfare benefit plan as defined in Section 3(1) of ERISA is a “multiple employer welfare arrangement” as defined in Section 3(40) of ERISA; and (y) an employee pension benefit plan as defined in Section 3(2) of ERISA, including any cash or deferred arrangement intended to be qualified under 401(a) of the Code, is a multiple employer plan subject to the rules of Section 413(c) of the Code. Any “multiple employer welfare arrangement” or “multiple employer plan” has been operated and administered in compliance with all Applicable Law and relevant regulations.
Multiple Employer Plans. No Employee Benefit Plan is, and none of the Company Group Members or any of their respective ERISA Affiliates has in the preceding six (6) years sponsored, maintained, participated in or contributed to (or been obligated to contribute to), or has or could reasonably be expected to have any material Liability under or with respect to, (i) a Pension Plan that is or was subject to Title IV of ERISA or Section 412 of the Code; (ii) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (iii) other than any PEO Plan, a “multiple employer plan” within the meaning of Section 210 of ERISA or Section 413(c) of the Code; or (iv) other than any PEO Plan, multiple employer welfare arrangement (as defined in Section 3(40) of ERISA). No Employee Benefit Plan is funded by, associated with or related to a “voluntary employees’ beneficiary association” within the meaning of Section 501(c)(9) of the Code. No Employee Benefit Plan provides health benefits that are not fully insured through an insurance contract.
Multiple Employer Plans. At no time has the Seller or its Controlled Group Affiliates participated in and/or been obligated to contribute to any Benefit Plan in which any Persons which are not or were not at the relevant time, Controlled Group Affiliates of the Seller and/or their employees, have participated.
Multiple Employer Plans. Within the last six (6) years, neither the Company Group Members nor any of their respective ERISA Affiliates has maintained, participated in or contributed to (or been obligated to contribute to), and none of them otherwise has any Liability under or with respect to (i) a “defined benefit plan” (as defined in Section 3(35) of ERISA) or a plan that is or was subject to Title IV of ERISA or Sections 412 or 430 of the Code or Section 302 of ERISA, (ii) a “multiemployer plan” (as defined in Section 3(37) or Section 4001(a)(3) of ERISA), (iii) a “multiple employer plan” (as defined in Section 413(c) of the Code), or (iv) a multiple employer welfare arrangement (within the meaning of Section 3(40) of ERISA). No Employee Plan is funded by, associated with or related to a “voluntary employees’ beneficiary association” within the meaning of Section 501(c)(9) of the Code. No Employee Plan provides health benefits that are not fully insured through an insurance contract. No Company Group Member has any Liability by reason of at any time being considered a single employer under Section 414 of the Code with any other Person.
