Common use of TOP HEAVY STATUS Clause in Contracts

TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 15(check one): (1) o for each Plan Year, whether or not the Plan is a "top-heavy plan" as defined in Subsection IS.OI(g) of the Basic Plan Document (2) þ for each Plan Year, if any, for which the Plan is a "top-heavy plan" as defined in Subsection IS.Ol(g) of the Basic Plan Document. (3) o Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(0)(3), 401(k) Safe Harbor Formula, is selected, and the Plan does not provide for Employee Contributions or any other type of Employer ontributions.) (b) If the Plan is or is treated as a "top-heavy plan" for a Plan Year, each non-key Employee shall receive an Employer Contribution of at least 3.0 (3 or 5)% of Compensation for the Plan Year in accordance with Section 15.03 of the Basic Plan Document The minimum Employer Contribution provided in this Subsection 1.22(b) shall be made under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer, unless the Employer elects otherwise below: (1) o The minimum Employer Contribution shall be paid under this Plan in any event. (2) o Another method of satisfying the requirements of Code Section 416. Please complete the 416 Contributions Addendum to the Adoption Agreement describing the way in which the minimum contribution requirements will be satisfied in the event the Plan is or is treated as a "top-heavy plan". (3) o Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(a)(3), 401(k) Safe Harbor Formula, is selected and the Plan does not provide for Employee Contributions or any other type of Employer Contributions.)

TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 15(check 15 (check one): (1) o ¨ for each Plan Year, whether or not the Plan is a "“top-heavy plan" ” as defined in Subsection IS.OI(g15.01(g) of the Basic Plan Document. (2) þ x for each Plan Year, if any, for which the Plan is a "“top-heavy plan" ” as defined in Subsection IS.Ol(g15.01(g) of the Basic Plan Document. (3) o ¨ Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(31.11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(0)(31.12(a)(3), 401(k) Safe Harbor Formula, is selected, and the Plan does not provide for Employee Contributions or any other type of Employer ontributionsContributions.) (b) If the Plan is or is treated as a "“top-heavy plan" ” for a Plan Year, each non-key Employee shall receive an Employer Contribution of at least 3.0 3% (3 or 5)% of Compensation for the Plan Year or such other amount in accordance with Section 15.03 of the Basic Plan Document or as elected on the 416 Contributions Addendum. The minimum Employer Contribution provided in this Subsection 1.22(b) shall be made under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer, unless the Employer elects otherwise below: (1) o x The minimum Employer Contribution shall be paid under this Plan in any event. (2) o ¨ Another method of satisfying the requirements of Code Section 416. Please complete the 416 Contributions Addendum to the Adoption Agreement describing the way in which the minimum contribution requirements will be satisfied in the event the Plan is or is treated as a "“top-heavy plan"”. (3) o ¨ Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(31.11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(a)(31.12(b)(3), 401(k) Safe Harbor Formula, is selected selected, and the Plan does not provide for Employee Contributions or any other type of Employer Contributions.)any

TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 15(check 15 (check one): (1) o ☐ for each Plan Year, whether or not the Plan is a "top-heavy plan" as defined in Subsection IS.OI(g15.01(g) of the Basic Plan Document. (2) þ ☑ for each Plan Year, if any, for which the Plan is a "top-heavy plan" as defined in Subsection IS.Ol(g15.01(g) of the Basic Plan Document. (3) o ☐ Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(31.11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(0)(31.12(a)(3), 401(k) Safe Harbor Formula, is selected, and the Plan does not provide for Employee Contributions or any other type of Employer ontributionsContributions.) (b) If the Plan is or is treated as a "top-heavy plan" for a Plan Year, each non-key Employee shall receive an Employer Contribution of at least 3.0 3% (3 or 5)% of Compensation for the Plan Year or such other amount in accordance with Section 15.03 of the Basic Plan Document or as elected on the 416 Contributions Addendum. The minimum Employer Contribution provided in this Subsection 1.22(b) shall be made under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer, unless the Employer elects otherwise below: (1) o ☐ The minimum Employer Contribution shall be paid under this Plan in any event. (2) o ☐ Another method of satisfying the requirements of Code Section 416. Please complete the 416 Contributions Addendum to the Adoption Agreement describing the way in which the minimum contribution requirements will be satisfied in the event the Plan is or is treated as a "top-heavy plan". (3) o ☐ Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(31.11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(a)(31.12(b)(3), 401(k) Safe Harbor Formula, is selected selected, and the Plan does not provide for Employee Contributions or any other type of Employer Contributions.)) Note: The minimum Employer Contribution may be less than the percentage indicated in Subsection 1.22(b) above to the extent provided in Section 15.03 of the Basic Plan Document. (c) If the Plan is or is treated as a "top-heavy plan" for a Plan Year, the vesting schedule found in Subsection 1.16(c)(1) shall apply for such Plan Year and each Plan Year thereafter, except with regard to Participants for whom there is a more favorable vesting schedule for Nonelective Employer Contributions. If the Employer has selected Option 1.01(b)(1) and the minimum Employer Contribution will not be immediately 100% vested, the Vesting Schedule Addendum must contain the applicable vesting schedule.

TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 15(check 15 (check one): (1) o for each Plan Year, whether or not the Plan is a "“top-heavy plan" ” as defined in Subsection IS.OI(g) of the Basic Plan Document15.01(f). (2) þ x for each Plan Year, if any, for which the Plan is a "“top-heavy plan" ” as defined in Subsection IS.Ol(g) of the Basic Plan Document15.01(f). (3) o Not applicable. (Choose only if Plan covers only employees subject to a collective bargaining agreement.) (b) In determining whether the Plan is a “top-heavy plan” for an Employer with at least one defined benefit plan, the following assumptions shall apply: (1) x Interest rate: 7% per annum. (2) x Mortality table: UP-84. (3) o Not applicable. (Choose only if either (A) Plan covers only employees subject to a collective bargaining agreement, agreement or (B) Option 1. 11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(0)(3), 401(k) Safe Harbor Formula, is selected, and the Plan does not provide for Employee Contributions or maintain and has not maintained any other type of Employer ontributionsdefined benefit plan during the five-year period ending on the applicable “determination date”, as defined in Subsection 15.01(a).) (bc) If the Plan is or is treated as a "“top-heavy plan" ” for a Plan Year, each non-key Employee shall receive an Employer Contribution of at least 3.0 (3 3, 4, 5, or 5)% 7 1/2)% of Compensation for the Plan Year in accordance with Section 15.03 of the Basic Plan Document 15.03. The minimum Employer Contribution provided in this Subsection 1.22(b1.21(c) shall be made under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer, unless the Employer elects otherwise below: (1) o The minimum Employer Contribution shall be paid under this Plan in any event. (2) o Another method of satisfying the requirements of Code Section 416. Please complete the 416 Contributions Contribution Addendum to the Adoption Agreement describing the way in which the minimum contribution requirements will be satisfied in the event the Plan is or is treated as a "“top-heavy plan"”. (3) o Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(a)(3), 401(k) Safe Harbor Formula, is selected and the Plan does not provide for Employee Contributions or any other type of Employer Contributions.)

TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 15(check 15 (check one): (1) o ¨ for each Plan Year, whether or not the Plan is a "“top-heavy plan" ” as defined in Subsection IS.OI(g) of the Basic Plan Document15.01(f). (2) þ for each Plan Year, if any, for which the Plan is a "“top-heavy plan" ” as defined in Subsection IS.Ol(g) of the Basic Plan Document15.01(f). (3) o ¨ Not applicable. (Choose only if Plan covers only employees subject to a collective bargaining agreement.) (b) In determining whether the Plan is a “top-heavy plan” for an Employer with at least one defined benefit plan, the following assumptions shall apply: (1) þ Interest rate: 7% per annum. (2) þ Mortality table: UP84. (3) ¨ Not applicable. (Choose only if either (A) Plan covers only employees subject to a collective bargaining agreement, agreement or (B) Option 1. 11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(0)(3), 401(k) Safe Harbor Formula, is selected, and the Plan does not provide for Employee Contributions or maintain and has not maintained any other type of Employer ontributionsdefined benefit plan during the five-year period ending on the applicable “determination date”, as defined in Subsection 15.01(a).) (bc) If the Plan is or is treated as a "“top-heavy plan" ” for a Plan Year, each non-key Employee shall receive an Employer Contribution of at least 3.0 3.0) (3 3, 4, 5, or 5)% 7 1/2)% of Compensation for the Plan Year in accordance with Section 15.03 of the Basic Plan Document 15.03. The minimum Employer Contribution provided in this Subsection 1.22(b1.21(c) shall be made under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer, unless the Employer elects otherwise below: (1) o ¨ The minimum Employer Contribution shall be paid under this Plan in any event. (2) o ¨ Another method of satisfying the requirements of Code Section 416. Please complete the 416 Contributions Contribution Addendum to the Adoption Agreement describing the way in which the minimum contribution requirements will be satisfied in the event the Plan is or is treated as a "“top-heavy plan"”. (3) o ¨ Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(a)(3), 401(k) Safe Harbor Formula, is selected and the Plan does not provide for Employee Contributions or any other type of Employer Contributions.)

TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 15(check 15 (check one): (1) o ¨ for each Plan Year, whether or not the Plan is a "“top-heavy plan" ” as defined in Subsection IS.OI(g15.01(g) of the Basic Plan Document. (2) þ x for each Plan Year, if any, for which the Plan is a "“top-heavy plan" ” as defined in Subsection IS.Ol(g15.01(g) of the Basic Plan Document. (3) o ¨ Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(31.11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(0)(31.12(a)(3), 401(k) Safe Harbor Formula, is selected, and the Plan does not provide for Employee Contributions or any other type of Employer ontributionsContributions.) (b) If the Plan is or is treated as a "“top-heavy plan" ” for a Plan Year, each non-key Employee shall receive an Employer Contribution of at least 3.0 (3 or 5)% of Compensation for the Plan Year in accordance with Section 15.03 of the Basic Plan Document Document. The minimum Employer Contribution provided in this Subsection 1.22(b) shall be made under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer, unless the Employer elects otherwise below: (1) o ¨ The minimum Employer Contribution shall be paid under this Plan in any event. (2) o ¨ Another method of satisfying the requirements of Code Section 416. Please complete the 416 Contributions Addendum to the Adoption Agreement describing the way in which the minimum contribution requirements will be satisfied in the event the Plan is or is treated as a "“top-heavy plan"”. (3) o ¨ Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(31.11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(a)(3), 401(k) Safe Harbor Formula, is selected and the Plan does not provide for Employee Contributions or any other type of Employer Contributions.)

TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 15(check 15 (check one): (1) o ¨ for each Plan Year, whether or not the Plan is a "“top-heavy plan" ” as defined in Subsection IS.OI(g15.01(g) of the Basic Plan Document. (2) þ x for each Plan Year, if any, for which the Plan is a "“top-heavy plan" ” as defined in Subsection IS.Ol(g15.01(g) of the Basic Plan Document. (3) o ¨ Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(31.11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(0)(31.12(a)(3), 401(k) Safe Harbor Formula, is selected, and the Plan does not provide for Employee Contributions or any other type of Employer ontributionsContributions.) (b) If the Plan is or is treated as a "“top-heavy plan" ” for a Plan Year, each non-key Employee shall receive an Employer Contribution of at least 3.0 3% (3 or 5)% of Compensation for the Plan Year or such other amount in accordance with Section 15.03 of the Basic Plan Document or as elected on the 416 Contributions Addendum. The minimum Employer Contribution provided in this Subsection 1.22(b) shall be made under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer, unless the Employer elects otherwise below: (1) o x The minimum Employer Contribution shall be paid under this Plan in any event. (2) o ¨ Another method of satisfying the requirements of Code Section 416. Please complete the 416 Contributions Addendum to the Adoption Agreement describing the way in which the minimum contribution requirements will be satisfied in the event the Plan is or is treated as a "“top-heavy plan"”. (3) o ¨ Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(31.11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(a)(31.12(b)(3), 401(k) Safe Harbor Formula, is selected selected, and the Plan does not provide for Employee Contributions or any other type of Employer Contributions.)

TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 15(check 15 (check one): (1) o 🞎 for each Plan Year, whether or not the Plan is a "top-heavy plan" as defined in Subsection IS.OI(g15.01(g) of the Basic Plan Document. (2) þ 🗹 for each Plan Year, if any, for which the Plan is a "top-heavy plan" as defined in Subsection IS.Ol(g15.01(g) of the Basic Plan Document. (3) o 🞎 Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(31.11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(0)(31.12(a)(3), 401(k) Safe Harbor Formula, is selected, and the Plan does not provide for Employee Contributions or any other type of Employer ontributionsContributions.) (b) If the Plan is or is treated as a "top-heavy plan" for a Plan Year, each non-key Employee shall receive an Employer Contribution of at least 3.0 3% (3 or 5)% of Compensation for the Plan Year or such other amount in accordance with Section 15.03 of the Basic Plan Document or as elected on the 416 Contributions Addendum. The minimum Employer Contribution provided in this Subsection 1.22(b) shall be made under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer, unless the Employer elects otherwise below: (1) o 🞎 The minimum Employer Contribution shall be paid under this Plan in any event. (2) o 🞎 Another method of satisfying the requirements of Code Section 416. Please complete the 416 Contributions Addendum to the Adoption Agreement describing the way in which the minimum contribution requirements will be satisfied in the event the Plan is or is treated as a "top-heavy plan". (3) o 🞎 Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(31.11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(a)(3), 401(k) Safe Harbor Formula, is selected selected, and the Plan does not provide for Employee Contributions or any other type of Employer Contributionscontributions.) (c) If the Plan is or is treated as a "top-heavy plan" for a Plan Year, the vesting schedule found in Subsection 1.16(c)(1) shall apply for such Plan Year and each Plan Year thereafter, except with regard to Participants for whom there is a more favorable vesting schedule for Nonelective Employer Contributions. If the Employer has selected Option 1.01(b)(1) and the minimum Employer contribution will not be immediately 100% vested, the Vesting Schedule Addendum must contain the applicable vesting schedule.

TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 15(check 15 (check one): (1) o ¨ for each Plan Year, whether or not the Plan is a "“top-heavy plan" ” as defined in Subsection IS.OI(g15.01(g) of the Basic Plan Document. (2) þ x for each Plan Year, if any, for which the Plan is a "“top-heavy plan" ” as defined in Subsection IS.Ol(g15.01(g) of the Basic Plan Document. (3) o ¨ Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(31.11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(0)(31.12(a)(3), 401(k) Safe Harbor Formula, is selected, and the Plan does not provide for Employee Contributions or any other type of Employer ontributionsContributions.) (b) If the Plan is or is treated as a "“top-heavy plan" ” for a Plan Year, each non-key Employee shall receive an Employer Contribution of at least 3.0 3% (3 or 5)% of Compensation for the Plan Year or such other amount in accordance with Section 15.03 of the Basic Plan Document or as elected on the 416 Contributions Addendum. The minimum Employer Contribution provided in this Subsection 1.22(b) shall be made under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer, unless the Employer elects otherwise below: (1) o ¨ The minimum Employer Contribution shall be paid under this Plan in any event. (2) o ¨ Another method of satisfying the requirements of Code Section 416. Please complete the 416 Contributions Addendum to the Adoption Agreement describing the way in which the minimum contribution requirements will be satisfied in the event the Plan is or is treated as a "“top-heavy plan"”. (3) o ¨ Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(31.11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(a)(31.12(b)(3), 401(k) Safe Harbor Formula, is selected selected, and the Plan does not provide for Employee Contributions or any other type of Employer Contributions.)

TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 15(check 15 (check one): (1) o ¨ for each Plan Year, whether or not the Plan is a "top-heavy plan" as defined in Subsection IS.OI(g) of the Basic Plan Document15.01(f). (2) þ for each Plan Year, if any, for which the Plan is a "top-heavy plan" as defined in Subsection IS.Ol(g) of the Basic Plan Document15.01(f). (3) o ¨ Not applicable. (Choose only if Plan covers only employees subject to a collective bargaining agreement.) (b) In determining whether the Plan is a "top-heavy plan" for an Employer with at least one defined benefit plan, the following assumptions shall apply: (1) ¨ Interest rate: % per annum. (2) ¨ Mortality table: . (3) þ Not applicable. (Choose only if either (A) Plan covers only employees subject to a collective bargaining agreement, agreement or (B) Option 1. 11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(0)(3), 401(k) Safe Harbor Formula, is selected, and the Plan does not provide for Employee Contributions or maintain and has not maintained any other type of Employer ontributionsdefined benefit plan during the five-year period ending on the applicable "determination date", as defined in Subsection 15.01(a).) (bc) If the Plan is or is treated as a "top-heavy plan" for a Plan Year, each non-key Employee shall receive an Employer Contribution of at least 3.0 (3 3, 4, 5, or 5)% 7 1/2)% of Compensation for the Plan Year in accordance with Section 15.03 of the Basic Plan Document 15.03. The minimum Employer Contribution provided in this Subsection 1.22(b1.21(c) shall be made under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer, unless the Employer elects otherwise below: (1) o ¨ The minimum Employer Contribution shall be paid under this Plan in any event. (2) o ¨ Another method of satisfying the requirements of Code Section 416. Please complete the 416 Contributions Contribution Addendum to the Adoption Agreement describing the way in which the minimum contribution requirements will be satisfied in the event the Plan is or is treated as a "“top-heavy plan"”. (3) o ¨ Not applicable. (Choose only if (A) Plan covers only employees subject to a collective bargaining agreement, or (B) Option 1. 11(a)(3), 401(k) Safe Harbor Matching Employer Contributions, or Option 1.12(a)(3), 401(k) Safe Harbor Formula, is selected and the Plan does not provide for Employee Contributions or any other type of Employer Contributions.)