Common use of Exclusion of Certain Employees Clause in Contracts

Exclusion of Certain Employees. To the extent provided in the Adoption Agreement, the following Employees may be excluded from participation in the Plan: i. Employees not meeting the age and service requirements; ii. Employees who are included in a unit of Employees covered by a collective bargaining agreement between the Employee representatives and one or more Employers if there is evidence that retirement benefits were the subject of good faith bargaining between such Employee representatives and such Employer(s). For this purpose, the term “Employee representative” does not include any organization where more than one-half of the membership is comprised of owners, officers and executives of the Employer; iii. Employees who are non-resident aliens and who receive no earned income from the Employer which constitutes income from sources within the United States; and iv. Acquired Employees as defined in Article 1 Section 1.2(b). v. Employees who are not regular full time or part time Employees (Flex Staff Employees). vi. Leased Employees within the meaning of Section 414(n)(2) of the Code.

Exclusion of Certain Employees. To the extent provided in the Adoption Agreement, the following Employees may be excluded from participation in the Plan: i. Employees not meeting the age and service requirements; ii. Employees who are included in a unit of Employees covered by a collective bargaining agreement between the Employee representatives and one or more Employers if there is evidence that retirement benefits were the subject of good faith bargaining between such Employee representatives and such Employer(s). For this purpose, the term “Employee representative” does not include any organization where more than one-half of the membership is comprised of owners, officers and executives of the Employer; iii. Employees who are non-resident aliens and who receive no earned income from the Employer which constitutes income from sources within the United States; and iv. Acquired Employees as defined in Article 1 1, Section 1.2(b1.2(B). v. Employees who are not regular full time or part time Employees (Flex Staff Employees). vi. Leased Employees within the meaning of Code Section 414(n)(2) of the Code).