Common use of Nonresident Aliens Clause in Contracts

Nonresident Aliens. If the Employer elects in its Adoption Agreement to exclude Nonresident Aliens from eligibility to participate, the exclusion applies to any Nonresident Alien Employee who does not receive any earned income, as defined in Code §911(d)(2), from the Employer which constitutes United States source income, as defined in Code §861(a)(3).

Appears in 5 contracts

Samples: Defined Contribution Pre Approved Plan (J&j Snack Foods Corp), Defined Contribution Prototype Plan and Trust Agreement (Bob Evans Farms Inc), 401(k) Plan Adoption Agreement (Knowles Corp)

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Nonresident Aliens. If the Employer elects in its Adoption Agreement to exclude Nonresident Aliens nonresident aliens from eligibility to participate, the exclusion applies to any Nonresident Alien nonresident alien Employee who does not receive any earned income, as defined in Code §911(d)(2), from the Employer which constitutes United States source income, as defined in Code §861(a)(3).

Appears in 3 contracts

Samples: 403(b) Volume Submitter Plan Adoption Agreement, 401(k) Plan Adoption Agreement (Petco Animal Supplies Inc), Defined Contribution Prototype Plan (MSC Software Corp)

Nonresident Aliens. If the Employer elects in its Adoption Agreement to exclude Nonresident Aliens nonresident aliens from eligibility to participate, the exclusion applies to any Nonresident Alien nonresident alien Employee who does not receive any earned income, as defined in Code §911(d)(2ss.911(d)(2), from the Employer which constitutes United States source income, as defined in Code §861(a)(3ss.861(a)(3).

Appears in 1 contract

Samples: Adoption Agreement (CRH Public LTD Co)

Nonresident Aliens. If Employees who are nonresident aliens and who receive no earned income (within the Employer elects in its Adoption Agreement to exclude Nonresident Aliens from eligibility to participate, meaning of section 911(d)(2) of the exclusion applies to any Nonresident Alien Employee who does not receive any earned income, as defined in Code §911(d)(2), Code) from the Employer employer which constitutes income from sources within the United States source income, as defined in Code §(within the meaning of section 861(a)(3)) of the Code) are excluded for all purposes of this Appendix.

Appears in 1 contract

Samples: Adoption Agreement (Western Bancorp)

Nonresident Aliens. If the Employer elects in its Adoption Agreement to exclude Nonresident Aliens nonresident aliens from eligibility to participate, the exclusion applies to any Nonresident Alien nonresident alien Employee who does not receive any earned income, as defined in Code §ss. 911(d)(2), from the Employer which constitutes United States source income, as defined in Code §ss. 861(a)(3).

Appears in 1 contract

Samples: Adoption Agreement (Bank of Granite Corp)

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Nonresident Aliens. If the Employer elects in its Adoption Agreement to exclude Nonresident Aliens nonresident aliens from eligibility to participate, participate the exclusion applies to any Nonresident Alien nonresident alien Employee who does not receive any earned income, as defined in Code §911(d)(2), from the Employer which constitutes United States source income, as defined in Code §861(a)(3).

Appears in 1 contract

Samples: Defined Contribution Prototype Plan (Trimeris Inc)

Nonresident Aliens. If the Employer elects in its Adoption Agreement to exclude Nonresident Aliens nonresident aliens from eligibility to participate, the exclusion applies to any Nonresident Alien nonresident alien Employee who does not receive any earned income, as defined in Code §911(d)(2(S)911(d)(2), from the Employer which constitutes United States source income, as defined in Code §861(a)(3(S)861(a)(3).

Appears in 1 contract

Samples: Adoption Agreement (Gold Banc Corp Inc)

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