Top-Heavy. The Plan is Top-Heavy for any Plan Year if any of the following conditions exists: (1) If the Top-Heavy Ratio for this Plan exceeds 60% and this Plan is not part of any Required Aggregation Group or Permissive Aggregation Group of plans. (2) If this Plan is a part of a Required Aggregation Group of plans but not part of a Permissive Aggregation Group and the Top-Heavy Ratio for the group of plans exceeds 60%. (3) If this plan is part of a Required Aggregation Group and part of a Permissive Aggregation Group of Plans and the Top-Heavy Ratio for the Permissive Aggregation group exceeds 60%.
Appears in 4 contracts
Samples: 401(k) and Profit Sharing Plan Agreement (Earthlink Inc), 401(k) and Profit Sharing Plan Agreement (American Science & Engineering Inc), 401(k) and Profit Sharing Plan Agreement (Conley Canitano & Associates Inc)
