Common use of SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES Clause in Contracts

SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES. To determine the ADP of any Highly Compensated Employee, the deferral contributions taken into account must include any elective deferrals made by the Highly Compensated Employee under any other Code Section 401(k) arrangement maintained by the Employer, unless the elective deferrals are to an ESOP. If the plans containing the Code Section 401(k) arrangements have different plan years, the Advisory Committee will determine the combined deferral contributions on the basis of the plan years ending in the same calendar year.

Appears in 19 contracts

Samples: Defined Contribution Master Plan and Trust Agreement (Oceaneering International Inc), Adoption Agreement (Motor Cargo Industries Inc), Defined Contribution Master Plan and Trust Agreement (Modine Manufacturing Co)

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SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES. To determine the ADP of any Highly Compensated Employee, the deferral contributions taken into account must include any elective deferrals made by the Highly Compensated Employee under any other Code Section 401(kss.401(k) arrangement maintained by the Employer, unless the elective deferrals are to an ESOP. If the plans containing the Code Section 401(kss.401(k) arrangements have different plan years, the Advisory Committee will determine the combined deferral contributions on the basis of the plan years ending in the same calendar year.

Appears in 9 contracts

Samples: Defined Contribution Master Plan and Trust Agreement (American Stone Industries Inc), Defined Contribution Prototype Plan and Trust Agreement (Quicksilver Resources Inc), 401(k) Retirement Savings Plan (Reptron Electronics Inc)

SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES. To determine the ADP of any Highly Compensated Employee, the deferral contributions taken into account must include any elective deferrals made by the Highly Compensated Employee under any other Code Section 401(k(S)401(k) arrangement maintained by the Employer, unless the elective deferrals are to an ESOP. If the plans containing the Code Section 401(k(S)401(k) arrangements have different plan years, the Advisory Committee will determine the combined deferral contributions on the basis of the plan years ending in the same calendar year.

Appears in 6 contracts

Samples: Defined Contribution Prototype Plan and Trust Agreement (High Country Bancorp Inc), Adoption Agreement (Channell Commercial Corp), 401(k) Plan (Firstbank Corp/Id)

SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES. To determine the ADP of any Highly Compensated Employee, the deferral contributions taken into account must include any elective deferrals made by the Highly Compensated Employee under any other Code Section 401(k) arrangement maintained by the Employer, unless the elective deferrals are to an ESOP. If the plans containing the Code Section 401(k) arrangements have different plan years, the Advisory Administrative Committee will determine the combined deferral contributions on the basis of the plan years ending in the same calendar year.

Appears in 4 contracts

Samples: Defined Contribution Prototype Plan and Trust Agreement (Conagra Inc /De/), Defined Contribution Prototype Plan and Trust Agreement (Goodmark Foods Inc), 401(k) Savings Plan (Summit Care Corp)

SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES. To determine the ADP of any Highly Compensated Employee, the deferral contributions taken into account must include any elective deferrals made by 72 82 the Highly Compensated Employee under any other Code Section 401(k) arrangement maintained by the Employer, unless the elective deferrals are to an ESOP. If the plans containing the Code Section 401(k) arrangements have different plan years, the Advisory Committee will determine the combined deferral contributions on the basis of the plan years ending in the same calendar year.

Appears in 1 contract

Samples: Defined Contribution Master Plan and Trust Agreement (Fidelity National Corp /Ga/)

SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES. To determine the ADP of any Highly Compensated Employee, the deferral contributions taken into account must include any elective deferrals made by the Highly Compensated Employee under any other Code Section 401(k) arrangement (S)401(k)arrangement maintained by the Employer, unless the elective deferrals are to an ESOP. If the plans containing the Code Section 401(k(S)401(k) arrangements have different plan years, the Advisory Committee will determine the combined deferral contributions on the basis of the plan years ending in the same calendar year.

Appears in 1 contract

Samples: Adoption Agreement (Timberland Bancorp Inc)

SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES. To determine the ADP ALP of any Highly Compensated Employee, the deferral contributions taken into account must include any elective deferrals made by the Highly Compensated Employee under any other Code Section 401(k(S)401(k) arrangement maintained by the Employer, unless the elective deferrals are to an ESOP. If the plans containing the Code Section 401(k(S)401(k) arrangements have different plan years, the Advisory Committee will determine the combined deferral contributions on the basis of the plan years ending in the same calendar year.

Appears in 1 contract

Samples: Defined Contribution Prototype Plan and Trust Agreement (Midcoast Energy Resources Inc)

SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES. To determine the ADP of any Highly Compensated Employee, the deferral contributions taken into account must include any elective deferrals made by the Highly Compensated Employee under any other Code Section §401(k) arrangement maintained by the Employer, unless the elective deferrals are to an ESOP. If the plans containing the Code Section §401(k) arrangements have different plan years, the Advisory Committee will determine the combined deferral contributions on the basis of the plan years ending in the same calendar year.

Appears in 1 contract

Samples: Defined Contribution Prototype Plan and Trust Agreement (Direct Focus Inc)

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SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES. To determine the ADP of any Highly Compensated Employee, the deferral contributions taken into account must include any elective deferrals made by the Highly Compensated Employee under any other Code Section 401(k(S)401(k) arrangement maintained by the Employer, unless the elective deferrals are to an ESOP. If the plans containing the Code Section 401(k(S)401(k) arrangements have different plan years, the Advisory Committee Employer will determine the combined deferral contributions on the basis of the plan years ending in the same calendar year.

Appears in 1 contract

Samples: Employee Profit Sharing and Stock Ownership Plan and Trust Agreement (PBSJ Corp /Fl/)

SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES. To determine the ADP of any Highly Compensated Employee, the deferral contributions taken into account must include any elective deferrals made by the Highly Compensated Employee under any other Code Section 401(k) arrangement maintained by the Employer, unless the elective deferrals are to an ESOP. If the plans containing the Code Section 401(k) arrangements have different plan years, the Advisory Committee will win determine the combined deferral contributions on the basis of the plan years ending in the same calendar year.

Appears in 1 contract

Samples: Defined Contribution Master Plan and Trust Agreement (Transcrypt International Inc)

SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES. To determine the ADP of any Highly Compensated Employee, the deferral contributions taken into account must include any elective deferrals made by the Highly Compensated Employee under any other Code Section 401(k) arrangement maintained by the Employer, unless the elective deferrals are to an ESOP. If the plans containing the Code Section 401(k) arrangements have different plan years, the Advisory Committee will determine the combined deferral contributions on the basis of the plan years ending in the same calendar year.

Appears in 1 contract

Samples: Adoption Agreement (Steel Technologies Inc)

SPECIAL AGGREGATION RULE FOR HIGHLY COMPENSATED EMPLOYEES. To determine the ADP of any Highly Compensated Employee, the deferral contributions taken into account must include any elective deferrals made by the Highly Compensated Employee under any other US Code Section 401(kss.401(k) arrangement maintained by the Employer, unless the elective deferrals are to an ESOP. If the plans containing the US Code Section 401(kss.401(k) arrangements have different plan years, the Advisory Committee will determine the combined deferral contributions on the basis of the plan years ending in the same calendar year.

Appears in 1 contract

Samples: Defined Contribution Master Plan and Trust Agreement (Checkfree Corp \Ga\)

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