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 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 9.2. (3) [ ] Not, applicable. (This option is available for plans converting only employees subject to a collective bargaining agreement and there are no Employer or Matching Contributions elected in Section 1.5.) (b) In determining Top-Heavy status, if necessary for an Employer with at least one defined benefit plan, the following assumptions shall apply: (1) [ ] Interest rate: % per annum. (2) [ ] Mortality table: . -------------- (3) [X] Not applicable. (c) In the event that the Plan is treated as Top-Heavy for a Plan Year, each Non-Key Employee shall receive an Employer contribution of at least 3 (3, 4, 5, or 7 1/2) % of Compensation for the Plan Year in accordance with Section 9.3 (check one): (1) [ ] under this Plan in any event. (2) [X] under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer. (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 1.5.)

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 9.29.02. (3) [ ] Not, Not applicable. (This option is available for plans converting covering only employees subject to a collective bargaining agreement and there are no Employer or Matching Contributions elected in Section 1.51.05.) (b) In determining Top-Heavy status, if necessary necessary, for an Employer employer with at least one defined benefit plan, the following assumptions shall apply: (1) [ ] Interest rate: _____% per annum. (2) [ ] Mortality table: . --------------__________ (3) [X] Not applicableApplicable. (c) In the event that the Plan is treated as Top-Heavy for a Plan Year, each Nonnon-Key key Employee shall receive an Employer contribution Contribution of at least 3 ___________ (3, 4, 5, 5 or 7 1/2) % 1/2)% of Compensation for the Plan Year in accordance with Section 9.3 9.03 (check one): (1) [ [X] under this Plan in any event. (2) [X[ ] under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer. (3) [ ] Not applicable. (This option is available for plans covering only Employees employees subject to a collective bargaining agreement and there are no Employer or Matching Contributions elected in Section 1.51.05.)

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 9.29.02. (3) [ ] Not, Not applicable. (This option is available for plans converting covering only employees subject to a collective bargaining agreement and there are no Employer or Matching Contributions elected in Section 1.51.05.) (b) In determining Top-Heavy status, if necessary necessary, for an Employer with at least one defined benefit plan, the following assumptions shall apply: (1) [ [X] Interest rate: 7 1/2% per annum. (2) [ ] Mortality table: . --------------1983 GAM Table (3) [X[ ] Not applicable. (c) In the event that the Plan is treated as Top-Heavy for a Plan Year, each Non-Key Employee shall receive an Employer contribution of at least 3 (3, 4, 5, 5 or 7 1/2) % 1/2)% of Compensation for the Plan Year in accordance with Section 9.3 9.03 (check one): (1) [ ] under this Plan in any event. (2) [X] under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer. (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 1.51.)

TOP HEAVY STATUS. (a) The Plan plan shall be subject to the Top-Heavy Plan requirements of Article 9 (check one): (1) [ ] |_| for each Plan Year. (2) [X] |X| for each Plan Year, if any, for which the Plan is Top-Heavy as defined in Section 9.29.02. (3) [ ] Not, |_| Not applicable. (This option is available for plans converting covering only employees subject to a collective bargaining agreement and there are no Employer or Matching Contributions elected in Section 1.51.05.) (b) In determining Top-Heavy status, if necessary necessary, for an Employer with at least one defined benefit plan, the following assumptions shall apply: (1) [ ] |_| Interest rate: ____% per annum. (2) [ ] |_| Mortality table: . --------------:__________, (3) [X] |X| Not applicable. (c) In the event that the Plan is treated as Top-Heavy for a Plan Year, each Non-Key Employee shall receive an Employer contribution of at least 3 (3, 4, 5, or 7 1/2) % 1/2)% of Compensation for the Plan Year in accordance with Section 9.3 9.03 (check one): (1) [ ] |_| under this Plan in any event. (2) [X] |X| under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer. (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 1.51.)

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] |X| for each Plan Year, if any, for which the Plan is Top-Heavy as defined in Section 9.29.02. (3) [ ] Not, |_| Not applicable. (This option is available for plans converting covering only employees subject to a collective bargaining agreement and there are no Employer or Matching Contributions elected in Section 1.51.05.) (b) In determining Top-Heavy status, if necessary necessary, for an Employer employer with at least one defined benefit plan, the following assumptions shall apply: (1) [ ] Interest rate: ________% per annum. (2) [ ] Mortality table: . --------------_______________ (3) [X] |X| Not applicableApplicable. (c) In the event that the Plan is treated as Top-Heavy for a Plan Year, each Nonnon-Key key Employee shall receive an Employer contribution Contribution of at least 3 (3, 4, 5, or 7 1/2) % of Compensation for the Plan Year in accordance with Section 9.3 9.03 (check one): (1) [ ] |X| under this Plan in any event. (2) [X] |_| under this Plan only if the Participant is not entitled to such contribution under another qualified plan of the Employer. (3) [ ] |_| Not applicable. (This option is available for plans covering only Employees employees subject to a collective bargaining agreement and there are no Employer or Matching Contributions elected in Section 1.51.)