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 9.02. (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.) (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 9.03 (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.

TOP HEAVY STATUS. (a) THE PLAN SHALL BE SUBJECT TO THE TOP-HEAVY PLAN REQUIREMENTS OF ARTICLE 9 (CHECK ONE);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 9.02. (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.) (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: _____3.00% 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% (3,4,5, 4, 5, OR 7 1/2)% 1/2) % OF COMPENSATION FOR THE PLAN YEAR IN ACCORDANCE WITH SECTION 9.03 (CHECK ONEcheck 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 subject to a collective bargaining agreement and there are no Employer or Matching Contributions elected in Section 1.

TOP HEAVY STATUS. (a) THE PLAN SHALL BE SUBJECT TO THE TOP-HEAVY PLAN REQUIREMENTS OF ARTICLE 9 (CHECK ONE);check one): (1) [ ] for each Plan Year. (2) [X[ ] for each Plan Year, if any, for which the Plan is Top-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.) (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, 4, 5, OR 7 1/2)% 1/2) % OF COMPENSATION FOR THE PLAN YEAR IN ACCORDANCE WITH SECTION 9.03 (CHECK ONEcheck 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.

TOP HEAVY STATUS. (a) THE PLAN SHALL BE SUBJECT TO THE TOP-HEAVY PLAN REQUIREMENTS OF ARTICLE 9 (CHECK ONE);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 9.02. (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.) (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: _____% 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% (3,4,5, 4, 5, OR 7 1/2)% 1/2) % OF --- COMPENSATION FOR THE PLAN YEAR IN ACCORDANCE WITH SECTION 9.03 (CHECK ONEcheck 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 subject to a collective bargaining agreement and there are no Employer or Matching Contributions elected in Section 1.

TOP HEAVY STATUS. (aA) THE PLAN SHALL BE SUBJECT TO THE TOP-HEAVY PLAN REQUIREMENTS OF ARTICLE 9 (CHECK ONE);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.) (bB) IN DETERMINING TOP-HEAVY STATUS, IF NECESSARY, FOR AN EMPLOYER WITH AT LEAST ONE DEFINED BENEFIT PLAN, THE FOLLOWING ASSUMPTIONS SHALL APPLY: (1) [X] Interest rate: _____% 5.0_% per annum (2) [X] Mortality table: _______UP84________ (3) [X[ ] Not Applicable. (cC) 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% (3,4,5, 4, 5, OR 7 1/2)% 1/2) % OF COMPENSATION FOR THE PLAN YEAR IN ACCORDANCE WITH SECTION 9.03 (CHECK ONEcheck 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.