Common use of Continuing Eligibility Requirement(s Clause in Contracts

Continuing Eligibility Requirement(s. A Participant shall only be entitled to receive Nonelective Employer Contributions for a Plan Year under this Section 1.12 if the Participant is an Active Participant during the Plan Year and satisfies the following requirement(s) (Check the appropriate box(es) - Options (3) and (4) may not be elected together; Option (5) may not be elected with Option (2), (3), or (4); Options (2), (3), (4), (5), and (7) may not be elected with respect to Nonelective Employer Contributions under the fixed formula if Option 1.12(a)(3), 401(k) Safe Harbor Formula, is checked): (1) o No requirements. (2) o Is employed by the Employer or a Related Employer on the last day of the Contribution Period. (3) o Earns at least 501 Hours of Service during the Plan Year. (Only if the Contribution Period is the Plan Year.) (4) o Earns at least (not to exceed 1,000) Hours of Service during the Plan Year. (Only if the Contribution Period is the Plan Year.) (5) o Either earns at least 501 Hours of Service during the Plan Year or is employed by the Employer or a Related Employer on the last day of the Plan Year. (Only if the Contribution Period is the Plan Year.) (6) o Is not a Highly Compensated Employee for the Plan Year. (7) o Is not a partner or a member of the Employer, if the Employer is a partnership or an entity taxed as a partnership. Note: If Option (2) (3), (4), or (5) is adopted during a Contribution Period, such Option shall not become effective until the first day of the next Contribution Period. Nonelective Employer Contributions attributable to the Contribution Period that are funded during the Contribution Period shall not be subject to the eligibility requirements of Option (2), (3), (4), or (5).

Continuing Eligibility Requirement(s. A Participant who makes Deferral Contributions during a Contribution Period shall only be entitled to receive Nonelective Matching Employer Contributions under Section 1.10 for a Plan Year under this Section 1.12 that Contribution Period if the Participant is an Active Participant during the Plan Year and satisfies the following requirement(s) (Check the appropriate box(es) - ). Options (3) and (4) may not be elected together; Option (5) may not be elected with Option (2), (3), or (4); Options (2), (3), (4), (5), and (7) may not be elected with respect to Nonelective basic Matching Employer Contributions under the fixed formula if Option 1.12(a)(31.10(a)(3), 401(k) Safe Harbor FormulaMatching Employer Contributions, is checked): (1) o þ No requirements. (2) o ¨ Is employed by the Employer or a Related Employer on the last day of the Contribution Period. (3) o ¨ Earns at least 501 Hours of Service during the Plan Year. (Only if the Contribution Period is the Plan Year.) (4) o ¨ Earns at least (not to exceed 1,000) 1,000 Hours of Service during the Plan Year. (Only if the Contribution Period is the Plan Year.) (5) o ¨ Either earns at least 501 Hours of Service during the Plan Year or is employed by the Employer or a Related Employer on the last day of the Plan Year. (Only if the Contribution Period is the Plan Year.) (6) o ¨ Is not a Highly Compensated Employee for the Plan Year. (7) o ¨ Is not a partner or a member of the Employer, if the Employer is a partnership or an entity taxed as a partnership. (8) ¨ Special continuing eligibility requirement(s) for additional Matching Employer Contributions. Note: If (Only if Option (2) (31.10(b), (4), or (5) is adopted during a Contribution Period, such Option shall not become effective until the first day of the next Contribution Period. Nonelective Employer Contributions attributable to the Contribution Period that are funded during the Contribution Period shall not be subject to the eligibility requirements of Option (2), (3), (4), or (5).