Top Heavy Rules. The Plan is not treated as a top heavy plan under Code Section 416 for any year for which the provisions of this Article are effective and satisfied.
Top Heavy Rules. 14.1 Top Heavy Definitions When capitalized, the following words and phrases have the following meanings when used in this Section:
Top Heavy Rules. If the Plan is or becomes a Top Heavy Plan, the provisions of the Plan and the Adoption Agreement containing top heavy rules required by Section 416 of the Code shall supersede any conflicting provisions of the Plan or the Adoption Agreement.
(a) Top Heavy Compensation Subparagraph 3.1
Top Heavy Rules. 44 --------------- 14.1 Top Heavy Definitions............................................ 44 14.2
Top Heavy Rules. If any Non-Key Employee is covered under both a Defined Contribution Plan and a Defined Benefit Plan of the Employer, then the minimum top- heavy contribution shall be 5% and shall be provided under this Plan.
Top Heavy Rules. 11.01 For purposes of this Article XI:
Top Heavy Rules. This Section 12.13 shall apply for any Plan Year starting after December 31, 2001.
Section 3.01 (E) shall be applied by treating Matching Contributions, or any "matching contributions" (within the meaning of Section 401(m)(4)(A) of the Code) made to another plan which is in the same "top-heavy group" (within the meaning of Section 416(g)(2)(B) of the Code) as the Plan, as Employer Contributions. Further, Section 3.01(E) shall not apply for any Plan Year for which the Plan consists solely of a cash or deferred arrangement which meets the requirements of Section 401(k)(12) of the Code and matching contributions with respect to which the requirements of Section 401(m)(11) of the Code are met.
Top Heavy Rules. 1. The requirements of this Article shall become operative only during a Plan Year beginning after December 31, 1983, for which the Plan should become Top-Heavy.
2. The Plan is Top-Heavy with respect to any Plan Year if, as of the Determination Date applicable to such year, (a) the ratio of the aggregate of Accounts of Members who are Key Employees to the aggregate of Accounts of all Members exceeds 60%, or (b) the Plan is part of a Required Aggregation Group which is Top-Heavy. Notwithstanding anything to the contrary, the Plan shall not be considered Top-Heavy for any Plan Year in which the Plan is a part of a Permissive Aggregation Group which is not Top-Heavy. For purposes of testing for Top-Heavy status, (a) the Accounts and the present value of cumulative accrued benefits shall be determined as of the Valuation Date applicable to the Determination Date; (b) individuals who have not been employed by a Company at any time within the last five (5) years shall not be included; and (c) the provisions of Section 416 of the Code and the Treasury Regulations thereunder shall be applied.
3. For purposes of this Article, the following terms shall have the meaning stated below:
Top Heavy Rules. In the event that the Plan becomes top heavy under Code Section 416, the Plan shall comply with the relevant provisions of Code Section 416.
Top Heavy Rules. What is a “Top-Heavy” Plan?
