TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 15 (check one):
TOP HEAVY STATUS. ( ) The provisions of Article XIII of the Plan shall always apply.
TOP HEAVY STATUS. (a) THE PLAN SHALL BE SUBJECT TO THE TOP-HEAVY PLAN REQUIREMENTS OF ARTICLE 9 (check one):
TOP HEAVY STATUS. (a) The Plan shall be deemed to be top-heavy for a Plan Year if, as of the Determination Date for such Plan Year, (1) the sum of Account Balances of Members who are Key Employees exceeds 60% of the sum of Account Balances of all Members unless an Aggregation Group including the Plan is not top-heavy or (2) an Aggregation Group including the Plan is top-heavy. An Aggregation Group shall be deemed to be top-heavy as of a Determination Date if the sum (computed in accordance with section 416(g)(2)(B) of the Code and the Treasury regulations promulgated thereunder) of (1) the Account Balances of Key Employees under all defined contribution plans included in the Aggregation Group and (2)
TOP HEAVY STATUS. If this Plan is the only qualified plan maintained by the Employer, the Plan is top heavy for a Plan Year if the top heavy ratio as of the Determination Date exceeds 60%. The top heavy ratio is a fraction, the numerator of which is the sum of the present value of accrued benefits of all Key Employees as of the Determination Date and the denominator of which is a similar sum determined for all Employees. The Plan shall include in the top heavy ratio, as part of the present value of accrued benefits, any contribution not made as of the Determination Date but includible under Code Section 416 and the applicable Treasury regulations, and distributions made within the Determination Period. The Plan Administrative Committee shall calculate the top heavy ratio by disregarding the accrued benefit (and distributions, if any, of the accrued benefit) of any Non-Key Employee who was formerly a Key Employee, and by disregarding the accrued benefit (including distributions, if any, of the accrued benefit) of an individual who has not received credit for at least one Hour of Service with the Employer during the Determination Period. The Plan Administrative Committee shall calculate the top heavy ratio, including the extent to which it must take into account distributions, rollovers and transfers, in accordance with Code Section 416 and the regulations under that Code section. If the Employer maintains other qualified plans (including a simplified employee pension plan), or maintained another such plan which now is terminated, this Plan is top heavy only if it is part of the Required Aggregation Group, and the top heavy ratio for the Required Aggregation Group and for the Permissive Aggregation Group, if any, each exceeds 60%. The Plan Administrative Committee shall calculate the top heavy ratio in the same manner as required by the first paragraph of this Section 3.04(B)(6), taking into account all plans within the Aggregation Group. To the extent the Plan must take into account distributions to a Participant, the Plan shall include distributions from a terminated plan which would have been part of the Required Aggregation Group if it were in existence on the
TOP HEAVY STATUS. (A) The Plan will be considered a top-heavy plan for the Plan Year if as of the last day of the preceding Plan Year, (I) the value of the sum of the Employer Accounts, Pre-Tax and After-Tax Accounts (but not including any allocations to be made as of such last day of the Plan Year except contributions actually made on or before that date and allocated) of Participants who are Key Employees (as defined in Section 416(i) of the Code) exceeds 60% of the value of the sum of Employer Accounts, Pre-Tax Accounts and After-Tax Accounts (but not including any allocations to be made as of such last day of the Plan Year except contributions actually made on or before that date and allocated) of all Participants (the “60% Test”) or (II) the Plan is part of a required aggregation group and the required aggregation is top- heavy. However, and notwithstanding the results of the 60% Test, the Plan shall not be considered a top-heavy plan for any Plan Year in which the Plan is a part of a required or permissive aggregation group which is not top-heavy.
TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 9 (check one): (1) for each Plan Year. (2) x for each Plan Year, if any, for which the Plan is Top-Heavy as defined in Section 9.02. (3) Not applicable. (This option is available for plans covering only employees subject to a collective bargaining agreement and there are no Employer or Matching Contributions elected in Section 1.05.)
TOP HEAVY STATUS. The Plan shall be deemed to be top-heavy if, as ---------------- of any Determination Date, (i) the sum (computed in accordance with Section 416(g) of the Code and the regulations promulgated thereunder) of the Account Balances of Key Employees under the Plan exceeds sixty percent (60%) of the sum of the Account Balances of all individuals (excluding Former Key Employees and individuals who have not performed any services for the Company or an Affiliated Company at any time during the five-year period ending on the Determination Date) under the Plan unless an Aggregation Group including the Plan is not top-heavy or (ii) an Aggregation Group including the Plan is top-heavy. An Aggregation Group shall be deemed to be top-heavy as of a Determination Date if the sum (computed in accordance with Section 416(g)(2)(B) of the Code and the regulations promulgated thereunder) of the Account Balances of the Key Employees under all plans included in the Aggregation Group exceeds sixty percent (60%) of the sum of the Account Balances of all individuals (excluding former Key Employees and individuals who have not received any Compensation from the Company or an Affiliated Company at any time during the five year period ending on the Determination Date) under such plans.
TOP HEAVY STATUS. (a) The plan shall be subject to the Top-Heavy Plan requirements of Article 9 (check one):
