QUALIFYING PARTICIPANT Clause Samples

QUALIFYING PARTICIPANT. A Participant is a Qualifying Participant and is entitled to share in the Employer Contribution for any Plan Year if the Participant was a Participant on at least one day during the Plan Year and satisfies any additional conditions specified in the Adoption Agreement. If this Plan is a standardized plan, unless the Employer specifies more favorable conditions in the Adoption Agreement, a Participant will be a Qualifying Participant for a Plan Year if the Participant either completes more than 500 Hours of Service (three consecutive calendar months if the Elapsed Time method of determining service applies) during the Plan Year or is employed on the last day of the Plan Year. The determination of whether a Participant is entitled to share in the Employer Contribution shall be made as of the last day of each Plan Year. If the Elapsed Time method of determining service applies, each Employee will share in Employer Contributions for the period beginning on the date the Employee commences participation under the Plan and ending on the date on which such Employee ▇▇▇▇▇▇ employment with the Employer or is no longer a member of an eligible class of Employees.

QUALIFYING PARTICIPANT. A Participant in this Plan qualifies for the election described in this Section 5.2 only if, as of the expiration of the period described in Section 5.2.3, he has five (5) or more years of Vesting Service; provided, however, effective for Plan Years beginning after December 31, 1988, a Participant who has one (1) or more Hours of Service in any Plan Year beginning after December 31, 1988, qualifies for the election described in this Section 5.2, only if, as of the expiration of the period described in Section 5.2.3, he has three (3) or more years of Vesting Service.

QUALIFYING PARTICIPANT. A Participant is a Qualifying Participant and is entitled to share in the Employer Contribution for any Plan Year if the Participant was a Participant on at least one day during the Plan Year and satisfies any additional conditions specified in the Adoption Agreement. If this Plan is a standardized plan, unless the Employer specifies more favorable conditions in the Adoption Agreement, a Participant will be a Qualifying Participant for a Plan Year if he or she either completes more than 500 Hours of Service (three consecutive calendar months if the elapsed time method of determining service applies) during the Plan Year or is employed on the last day of the Plan Year. The determination of whether a Participant is entitled to share in the Employer Contribution shall be made as of the last day of each Plan Year. If the elapsed time method of determining service applies, each Employee will share in Employer Contributions for the period beginning on the date the Employee commences participation under the Plan and ending on the date on which such Employee s▇▇▇▇▇ employment with the Employer or is no longer a member of an eligible class of Employees. RECIPIENT A Recipient includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving Spouse and the Employee's or former Employee's Spouse or former Spouse who is the Alternate Payee under a Qualified Domestic Relations Order, as defined in Section 414(p) of the Code, are Recipients with regard to the interest of the Spouse or former Spouse. RELATED EMPLOYER Means an employer that shares common ownership or control with the Employer but that is not required to be aggregated with the Employer for certain qualification requirements under Sections 414(b), (c), (m) or (o) of the Code. Unless the Adoption Agreement prohibits participation by a Related Employer, a Related Employer may participate in this Plan only if such Related Employer executes a Related Employer Participation Agreement. If one or more Related Employers participate, the Plan shall constitute a multiple employer plan as defined in Section 413(c) of the Code. RELATED EMPLOYER PARTICIPATION AGREEMENT Means the agreement under this prototype Plan that a Related Employer must execute to participate in this Plan. REQUIRED AGGREGATION GROUP Means (a) each qualified plan of the Employer in which at least one Key Employee participates or participated at any time during the determination period (regardless of whether the Plan...

QUALIFYING PARTICIPANT. 7 1.39 Related Employer.................................................................7 1.40 Related Employer Participation Agreement.........................................7 1.41 Self-Employed Individual.........................................................7 1.42