Highly Compensated Eligible Employee definition

Highly Compensated Eligible Employee or “HCE” means an Eligible Employee who is a “highly compensated employee” within the meaning of Section 414(q) of the Code (determined as if the election described in Section 414(q)(1)(B)(ii) of the Code has not been made), the provisions of which are incorporated herein by reference.

Highly Compensated Eligible Employee or "HCE" means a highly compensated active employee or a highly compensated former employee.

Highly Compensated Eligible Employee means, with respect to a Plan Year, any Employee from and after the time he is eligible to participate in the Plan, pursuant to the provisions of Article 3, and who is a Highly Compensated Employee for such Plan Year.

Examples of Highly Compensated Eligible Employee in a sentence

• For purposes of determining the Employer-provided Limit with respect to a Catch-up Eligible Participant who is a Highly Compensated Eligible Employee, all Applicable Employer Plans of the Employer shall be aggregated, and the Employer shall include all Affiliated Employers of the Employer.

• For the purposes of this Section, the term "Highly Compensated Eligible Employee" for a particular Plan Year shall mean any Highly Compensated Employee who is an Eligible Employee.

• Highly Compensated Eligible Employee: An Eligible Employee who is described in Code section 414(q) and applicable regulations thereunder.

• The term “ Distributable Excess Contributions” shall mean, as of a Distribution Date for a Highly Compensated Eligible Employee who has Individual Excess Contributions for a Plan Year, the difference (if positive) between such Individual Excess Contributions and any amount of the Applicable Salary Deferral Contributions made on behalf of the Highly Compensated Eligible Employee already distributed to him or her as of the Distribution Date pursuant to Section 3.11(b) of this Plan.

• The amount described in Clause (I) above shall be determined in order of ratio percentages (as described in Section 13.8(a)), beginning with the Highly Compensated Eligible Employee whose ratio percentage is the highest.

More Definitions of Highly Compensated Eligible Employee

Highly Compensated Eligible Employee means an Eligible Employee who is (or is treated as) a Highly Compensated Employee.

Highly Compensated Eligible Employee means an Eligible Employee who:

Highly Compensated Eligible Employee means an Eligible Employee who is a Highly Compensated Employee.

Highly Compensated Eligible Employee means an Employee who is eligible to participate in the Plan as provided in Section 3.1 and who is a Highly Compensated Employee.

Highly Compensated Eligible Employee means any Eligible Employee who has become a Participant who performs services in the determination year and is in one or more of the following groups: (i) Employees who were five percent owners as determined in section 416(i)(1)(A)(iii) of the Code at any time during the determination year or the look-back year, or (ii) Employees with compensation greater than $80,000 (adjusted for increases in the cost of living as set forth in section 415(d) of the Code) during the look-back year and who were in the top-paid group during the look-back year. Any former Employee who had a separation year prior to the determination year and was a highly compensated Eligible Employee as described in any of clauses (i) and (ii) above for either (A) his separation year or (B) any determination year ending on or after this attainment of age 55 shall be considered a "highly compensated Eligible Employee". The determination of who is a highly compensated Eligible Employee shall be made separately for the employees of (i) the Company and its adopting Affiliates and (ii) each adopting Nonaffiliate. For purposes of determining whether a person is a highly compensated Eligible Employee of an Employer with respect to a Plan Year, the term "determination year" means the Plan Year for which the determination is being made; the term "look-back year" means the twelve-month period immediately preceding the determination year; the term "top-paid group" means the top 20% of employees of the Employer ranked on the basis of compensation received during the year (provided, however, that when determining the number of employees in such group, employees described in Section 414(q)(8) of the Code and Q&A 9(b) of Treasury Regulation Section 1.414(q)-1T are excluded); "compensation" means compensation within the meaning of section 415(c)(3) of the Code, including

Highly Compensated Eligible Employee means, with respect to a Plan Year, any Employee eligible to make contributions under Article 5 of the Plan at any time during such Plan Year and who is a highly compensated employee within the meaning of section 414(q) of the Code for such Plan Year.

Highly Compensated Eligible Employee or “HCE” 11