Common use of Tier One Clause in Contracts

Tier One. Under the first tier, the Plan Administrator will allocate the Employer Contributions for a Plan Year in the same ratio that each Participant's Compensation plus Excess Compensation (as the Employer defines that term in its Adoption Agreement) for the Plan Year bears to the total Compensation plus Excess Compensation of all Participants for the Plan Year. The allocation under this first tier, as a percentage of each Participant's Compensation plus Excess Compensation, must not exceed the applicable percentage (5.7%, 5.4%, or 4.3%) listed under Section 3.04(B)(2)(c).

Appears in 3 contracts

Samples: Plan and Trust Agreement (Bob Evans Farms Inc), Participation Agreement (Nci Building Systems Inc), Plan and Trust Agreement (Finisar Corp)

AutoNDA by SimpleDocs

Tier One. Under the first tier, the Plan Administrator will allocate the Employer Contributions for a Plan Year in the same ratio that each Participant's Compensation plus Excess Compensation (as the Employer defines that term in its Adoption Agreement) for the Plan Year bears to the total Compensation plus Excess Compensation of all Participants for the Plan Year. The allocation under this first tier, as a percentage but not exceeding 3% of each Participant's Compensation plus Excess Compensation. Solely for purposes of this first tier allocation, must not exceed a "Participant" means, in addition to any Participant who satisfies the applicable percentage (5.7%allocation conditions of Section 3.06 for the Plan Year, 5.4%, or 4.3%) listed under Section 3.04(B)(2)(c)any other Participant entitled to a Top-Heavy Minimum Allocation.

Appears in 2 contracts

Samples: Participation Agreement (Nci Building Systems Inc), Plan and Trust Agreement (Finisar Corp)

Tier One. Under the first tier, the Plan Administrator will allocate the Employer Contributions for a Plan Year in the same ratio that each Participant's ’s Compensation plus Excess Compensation (as the Employer defines that term in its Adoption Agreement) for the Plan Year bears to the total Compensation plus Excess Compensation of all Participants for the Plan Year. The allocation under this first tier, as a percentage but not exceeding 3% of each Participant's Compensation plus Excess ’s Compensation. Solely for purposes of this first tier allocation, must not exceed a “Participant” means, in addition to any Participant who satisfies the applicable percentage (5.7%allocation conditions of Section 3.06 for the Plan Year, 5.4%, or 4.3%) listed under Section 3.04(B)(2)(c)any other Participant entitled to a Top-Heavy Minimum Allocation.

Appears in 1 contract

Samples: Adoption Agreement (Knowles Corp)

Tier One. Under the first tier, the Plan Administrator will allocate the Employer Contributions for a Plan Year in the same ratio that each Participant's Compensation plus Excess Compensation (as the Employer defines that term in its Adoption Agreement) for the Plan Year bears to the total Compensation plus Excess Compensation of all Participants for the Plan Year. The allocation under this first tier, as a percentage but not exceeding 3% of each Participant's Compensation plus Excess Compensation. Solely for purposes of this first tier allocation, must not exceed a "Participant" means, in addition to any Participant who satisfies the applicable percentage (5.7%allocation conditions of Section 3.06 for the Plan Year, 5.4%, or 4.3%) listed under Section 3.04(B)(2)(c)any other Participant entitled to a Top‑Heavy Minimum Allocation.

Appears in 1 contract

Samples: Plan and Trust Agreement (Bob Evans Farms Inc)

AutoNDA by SimpleDocs

Tier One. Under the first tier, the Plan Administrator will allocate the Employer Contributions for a Plan Year in the same ratio that each Participant's ’s Compensation plus Excess Compensation (as the Employer defines that term in its Adoption Agreement) for the Plan Year bears to the total Compensation plus Excess Compensation of all Participants for the Plan Year. The allocation under this first tier, as a percentage of each Participant's ’s Compensation plus Excess Compensation, must not exceed the applicable percentage (5.7%, 5.4%, or 4.3%) listed under Section 3.04(B)(2)(c).

Appears in 1 contract

Samples: Adoption Agreement (Knowles Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!