Top Heavy Rules and Definitions. (a) The determination of whether the Plan is a Top Heavy Plan shall be made after aggregating all other plans of all Affiliated Employers which may be aggregated at the discretion of the Plan Administrator pursuant to Section 416(g)(2)(A)(ii) of the Code if such permissive Aggregation Group thereby eliminates the top heavy status of any plan within such permissive Aggregation Group.
(b) For purposes of determining whether the Plan is a Top Heavy Plan for a particular Plan Year, the Determination Date is the last day of the preceding Plan Year (or, in the case of the first Plan Year of a Plan, the last day of the first Plan Year).
(c) For purposes of determining whether the Plan is a Top Heavy Plan, Key Employee shall mean any Employee or Former Employee (including a Beneficiary of such Employee) who at any time during the Plan Year or any of the four (4) preceding Plan Years is:
(i) An officer of the Employer or any Affiliated Employer with 415 Compensation in excess of one-half (1/2) times the dollar limit on Annual Additions to a qualified defined benefit plan as announced by the Secretary of the Treasury pursuant to Section 415(b)(1)(A) of the Code. In no event shall more than fifty (50) Employees or, if less, the greater of three (3) or ten percent (10%) of all Employees be treated as Key Employees under this Subsection; __________________________________________________
