Common use of Overriding Minimum Benefit Clause in Contracts

Overriding Minimum Benefit. Notwithstanding, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section 416(h)(2)(A), if applicable. If the Plan is part of an Aggregation Group under which a Key Employee is receiving a benefit and no minimum contribution is provided under any other plan, a minimum contribution of at least 3% of Taxable Income shall be provided to the Participants specified in the preceding paragraph. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an Employer in accordance with a Participant's salary deferral election or contributions made by an Employer based upon the amount contributed by a Participant) made to the Plan.

Appears in 2 contracts

Samples: 401(k) Savings Plan and Trust Agreement (Advo Inc), Savings Plan and Trust Agreement (Hanna M a Co/De)

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Overriding Minimum Benefit. Notwithstanding, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section 416(h)(2)(A), if applicable. If the this Plan is part of an Aggregation Group under aggregation group in which a Key Employee is receiving a benefit and no minimum contribution is provided under in any other -------------------------------------------------------------------------------- 57 plan, a minimum contribution of at least 3% of Taxable Income shall be provided to the Participants specified in the preceding paragraph. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an Employer in accordance with a Participant's salary deferral election or contributions made by an Employer based upon the amount contributed by a Participant) made to the this Plan.

Appears in 1 contract

Samples: Financial Security Plan and Trust Agreement (Caliber System Inc)

Overriding Minimum Benefit. Notwithstanding, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section 416(h)(2)(A), if applicable. If the this Plan is part of an Aggregation Group under aggregation group in which a Key Employee is receiving a benefit and no minimum contribution is provided under in any other plan, a minimum contribution of at least 3% of Taxable Income Compensation shall be provided to the Participants Employees specified in the preceding paragraphparagraph of this plan. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an Employer in accordance with a Participant's salary deferral election or contributions made by an Employer based upon the amount contributed by a ParticipantPre-Tax and Matching Contributions) made to the this Plan.

Appears in 1 contract

Samples: Retirement Savings Plan and Trust Agreement (Southdown Inc)

Overriding Minimum Benefit. Notwithstanding, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section 416(h)(2)(A), if applicable. If the Plan is part of an Aggregation Group under aggregation group in which a Key Employee is receiving a benefit and no minimum contribution is provided under in any other -------------------------------------------------------------------------------- plan, a minimum contribution of at least 3% of Taxable Income shall be provided to the Participants specified in the preceding paragraph. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an Employer in accordance with a Participant's salary deferral election or contributions made by an Employer based upon the amount contributed by a Participant) made to the Plan.

Appears in 1 contract

Samples: Retirement Savings Plan and Trust Agreement (Spieker Properties Inc)

Overriding Minimum Benefit. Notwithstanding, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section 416(h)(2)(A), if applicable. If the this Plan is part of an Aggregation Group under aggregation group in which a Key Employee is receiving a benefit and no minimum contribution is provided under in any other plan, a minimum contribution of at least 3% of Taxable Income 48 shall be provided to the Participants specified in the preceding paragraph. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an Employer in accordance with a Participant's salary deferral election or contributions made by an Employer based upon the amount contributed by a Participant) made to the this Plan.

Appears in 1 contract

Samples: Employee Stock Savings Plan (La Gear Inc)

Overriding Minimum Benefit. Notwithstanding, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section 416(h)(2)(A), if applicable. If the Plan is part of an Aggregation Group under aggregation group in which a Key Employee is receiving a benefit and no minimum contribution is provided under in any other plan, a minimum contribution of at least 3% of Taxable Income shall be provided to the Participants specified in the preceding paragraph. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an Employer in accordance with a Participant's salary deferral election or contributions made by an Employer based upon the amount contributed by a Participant) made to the Plan.

Appears in 1 contract

Samples: 401(k) Plan and Trust Agreement (Longview Fibre Co)

Overriding Minimum Benefit. NotwithstandingNotwithstanding the preceding paragraph, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section 416(h)(2)(A), if applicable. If the Plan is part of an Aggregation Group under which a Key Employee is receiving a benefit and no minimum contribution is provided under any other plan, a minimum contribution of at least 3% of Taxable Income shall be provided to the Participants specified in the preceding paragraph. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an Employer in accordance with a Participant's salary deferral election or contributions made by an Employer based upon the amount contributed by a Participant) made to the Plan.

Appears in 1 contract

Samples: Savings Plan Amendment (New Nisource Inc)

Overriding Minimum Benefit. Notwithstanding, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section 416(h)(2)(A), if applicable. If the this Plan is part of an Aggregation Group under aggregation group in which a Key Employee is receiving a benefit and no minimum contribution is provided under in any other plan, a minimum contribution of at least 3% of Taxable Income shall be provided to the Participants specified in the preceding paragraph. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an Pre-Tax, Company Match, Stock Matching and Employer in accordance with a Participant's salary deferral election or contributions made by an Employer based upon the amount contributed by a ParticipantSupplemental Contributions) made to the this Plan.

Appears in 1 contract

Samples: Employees' Savings Plan and Trust Agreement (Timken Co)

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Overriding Minimum Benefit. Notwithstanding, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section 416(h)(2)(A416(h)(2) (A), if applicable. If the this Plan is part of an Aggregation Group under aggregation group in which a Key Employee is receiving a benefit and no minimum contribution is provided under in any other plan, a minimum contribution of at least 3% of Taxable Income shall be provided to the Participants specified in the preceding paragraph. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an Employer in accordance with a Participant's salary deferral election or contributions made by an Employer based upon the amount contributed by a ParticipantBefore-Tax and Company Match Contributions) made to the this Plan.

Appears in 1 contract

Samples: Plan and Trust Agreement (Roadway Services Inc)

Overriding Minimum Benefit. Notwithstanding, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section 416(h)(2)(A), if applicable. If the this Plan is part of an Aggregation Group under aggregation group in which a Key Employee is receiving a benefit and no minimum contribution is provided under in any other plan, a minimum contribution of at least 3% of Taxable Income shall be provided to the Participants specified in the preceding paragraph. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an an, Employer in accordance with a Participant's salary deferral election or contributions made by an Employer based upon the amount contributed by a Participant) made to the this Plan.. 41 11/17/95

Appears in 1 contract

Samples: Savings Plan and Trust Agreement (Nipsco Industries Inc)

Overriding Minimum Benefit. Notwithstanding, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section 416(h)(2)(A), if applicable. If the this Plan is part of an Aggregation Group under aggregation group in which a Key Employee is receiving a benefit and no minimum contribution is provided under in any other plan, a minimum contribution of at least 3% of Taxable Income shall be provided to the Participants specified in the preceding paragraph. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an Employer in accordance with a Participant's salary deferral election or contributions made by an Employer based upon the amount contributed by a Participant) made to the this Plan.

Appears in 1 contract

Samples: Employee Stock Savings Plan (La Gear Inc)

Overriding Minimum Benefit. NotwithstandingNotwithstanding the preceding paragraph, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section Section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section Section 416(h)(2)(A), if applicable. If the this Plan is part of an Aggregation Group under aggregation group in which a Key Employee is receiving a benefit and no minimum contribution is provided under in any other plan, a minimum contribution of at least 3% of Taxable Income Compensation shall be provided to the Participants specified in the preceding paragraph. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an Employer in accordance with a Participant's ’s salary deferral election or contributions made by an Employer based upon the amount contributed by a Participant) made to the this Plan.

Appears in 1 contract

Samples: 401(k) Plan and Trust Agreement (Leggett & Platt Inc)

Overriding Minimum Benefit. Notwithstanding, contributions shall be permitted on behalf of Key Employees if the Employer also maintains a defined benefit plan which automatically provides a benefit which satisfies the Code section 416(c)(1) minimum benefit requirements, including the adjustment provided in Code section 416(h)(2)(A), if applicable. If the this Plan is part of an Aggregation Group under aggregation group in which a Key Employee is receiving a benefit and no minimum contribution is provided under in any other plan, a minimum contribution of at least 3% of Taxable Income shall be provided to the Participants Employees specified in the preceding paragraphparagraph of this plan. In addition, the Employer may offset a defined benefit minimum by contributions (other than contributions made by an Employer in accordance with a Participant's salary deferral election or contributions made by an Employer based upon the amount contributed by a ParticipantPre-Tax and Company Match Contributions) made to the this Plan.

Appears in 1 contract

Samples: Retirement & Savings Plan (Bank Jos a Clothiers Inc /De/)

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