Common use of DEFINITION OF HIGHLY COMPENSATED EMPLOYEE Clause in Contracts

DEFINITION OF HIGHLY COMPENSATED EMPLOYEE. In determining which Employees are Highly Compensated (as defined in Section 1.66 of the Plan), the following rules apply: (a) The Top-Paid Group Test does not apply. (b) The Top-Paid Group Test applies. (c) The Calendar Year Election applies. [This (c) may be chosen only if the Plan Year is not the calendar year. If this (c) is not selected, the determination of Highly Compensated Employees is based on the Plan Year. See Section 1.66(d) of the Plan.] 11-3 SPECIAL RULES FOR APPLYING THE CODE §415 LIMITATION. The provisions under Section 5.03 of the Plan apply for purposes of determining the Code §415 Limitation. Complete this AA §11-3 to override the default provisions that apply in determining the Code §415 Limitation under Section 5.03 of the Plan.

Appears in 2 contracts

Sources: Volume Submitter Money Purchase Plan Adoption Agreement, Volume Submitter Money Purchase Plan Adoption Agreement

DEFINITION OF HIGHLY COMPENSATED EMPLOYEE. In determining which Employees are Highly Compensated (as defined in Section 1.66 1.70 of the Plan), the following rules apply: (a) The Top-Paid Group Test does not apply, unless designated otherwise under this AA §11-2. (ba) The Top-Paid Group Test applies. (cb) The Calendar Year Election applies. [Note: This (c) subsection may be chosen only if the Plan Year is not the calendar year. If this (c) subsection is not selected, the determination of Highly Compensated Employees is based on the Plan Year. See Section 1.66(d1.70(c) of the Plan.] 11-3 SPECIAL RULES FOR APPLYING THE CODE §415 LIMITATION. The provisions under Section 5.03 of the Plan apply for purposes of determining the Code §415 Limitation. Complete this AA §11-3 to override the default provisions that apply in determining the Code §415 Limitation under Section 5.03 of the Plan.

Appears in 1 contract

Sources: Nonstandardized Profit Sharing/401(k) Plan Adoption Agreement

DEFINITION OF HIGHLY COMPENSATED EMPLOYEE. In determining which Employees are Highly Compensated (as defined in Section 1.66 of the Plan), the following rules apply: (a) The Top-Paid Group Test does not apply. (b) The Top-Paid Group Test applies. . Sample Document  (c) The Calendar Year Election applies. [This (c) may be chosen only if the Plan Year is not the calendar year. If this (c) is not selected, the determination of Highly Compensated Employees is based on the Plan Year. See Section 1.66(d) of the Plan.] 11-3 SPECIAL RULES FOR APPLYING THE CODE §415 LIMITATION. The provisions under Section 5.03 of the Plan apply for purposes of determining the Code §415 Limitation. Complete this AA §11-3 to override the default provisions that apply in determining the Code §415 Limitation under Section 5.03 of the Plan.

Appears in 1 contract

Sources: 401(k) Plan Adoption Agreement