For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 25 contracts
Sources: Adoption Agreement (Goodmark Foods Inc), Adoption Agreement (Mmi Products Inc), Retirement Savings Plan (Capital Holdings Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] )
(1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] )
(i) No exceptions. [ ] .
(ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
(2) 0%. [Note: The employer may not select this Option (2) unless the defined benefit plan satisfies the top heavy minimum benefit requirements of Code 416 for these Non-Key Employees.]
Appears in 12 contracts
Sources: Adoption Agreement (Invesco Multiple Asset Funds Inc), Adoption Agreement (Invesco Income Funds Inc), Adoption Agreement (Invesco Capital Appreciation Funds Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] )
(1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] )
(i) No exceptions. [ ] .
(ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
(2) 0%. [Note: The employer may not select this Option (2) unless the defined benefit plan satisfies the top heavy minimum benefit requirements of Code ss.416 for these Non-Key Employees.]
Appears in 8 contracts
Sources: Adoption Agreement (Invesco Industrial Income Fund Inc), Adoption Agreement (Invesco Capital Appreciation Funds Inc), Adoption Agreement (Invesco Multiple Asset Funds Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose CHOOSE (1) or OR (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose CHOOSE (i) or OR (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%. [ ] (2) 0%. [NOTE: THE EMPLOYER MAY NOT SELECT THIS OPTION (2) UNLESS THE DEFINED BENEFIT PLAN SATISFIES THE TOP HEAVY MINIMUM BENEFIT REQUIREMENTS OF CODE SECTION 416 FOR THESE NON-KEY EMPLOYEES.]
Appears in 4 contracts
Sources: Defined Contribution Master Plan and Trust Agreement (Sonic Corp), Adoption Agreement (Industrial Data Systems Corp), Adoption Agreement (Valley Community Bancshares Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 7-1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 3 contracts
Sources: Adoption Agreement (Wicor Inc), Adoption Agreement (Transcrypt International Inc), Adoption Agreement (Regal Beloit Corp)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 2 contracts
Sources: Adoption Agreement (Motor Cargo Industries Inc), Adoption Agreement (Motor Cargo Industries Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] )
(ia) No exceptions. [ ] (iib) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 2 contracts
Sources: Adoption Agreement (National Home Centers Inc), 401(k) Plan Adoption Agreement (Quicksilver Resources Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] )
(1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] )
(i) No exceptions. [ ] .
(ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 2 contracts
Sources: Nonstandardized 401(k) Plan Adoption Agreement (Invesco Value Trust), Adoption Agreement (Invesco International Funds Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Sources: Defined Contribution Prototype Plan and Trust Agreement (Mmi Products Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Sources: Defined Contribution Master Plan and Trust Agreement (Washington Homes Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] ](i) No exceptions. [ ] ](ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Sources: Adoption Agreement (Eglobe Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] o (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] o (ia) No exceptions. [ ] o (iib) Substituting "7 1/2%7½%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/27%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Sources: Adoption Agreement (Paychex Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] | | (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.)
Appears in 1 contract
Sources: Defined Contribution Master Plan and Trust Agreement (Oceaneering International Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: ([Choose (1) or (2)) ] [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: ([Choose (i) or (ii)) ] [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Sources: Adoption Agreement (Spice Entertaiment Companies Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 7-1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Sources: Adoption Agreement (Hub Group Inc)
For Non. Key Employees also participating in the defined benefit plan, the top top-heavy minimum is: (Choose one of (1) or (2)) [ ] o (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) one of a. or (iib.)) [ ] (i)
o a. No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Sources: 401(k) Plan Adoption Agreement (Americas Carmart Inc)
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.)
Appears in 1 contract
Sources: Adoption Agreement (American National Financial Inc)
For Non. Key Employees also participating in the defined benefit plan, the top top-heavy minimum is: (Choose one of (1) or (2)) [ ] o (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) one of a. or (iib.)) [ ] (i)
o a. No exceptions. [ ] (ii) o b. Substituting "“7 1/2%" ” for "“5%" ” if the top top-heavy ratio does not exceed 90%.
Appears in 1 contract
Sources: 401(k) Plan Adoption Agreement (Americas Carmart Inc)
For Non. Key Employees also participating in the defined benefit plan, the top top-heavy minimum is: (Choose one of (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) one of a. or (ii)b.) [ ] (i) a. No exceptions. [ ] (ii) b. Substituting "7 1/2%" for "5%" if the top top- heavy ratio does not exceed 90%. [ ] (2) 0%. [Note: The defined benefit plan must satisfy the top-heavy minimum benefit requirement for these Non-Key Employees.]
Appears in 1 contract
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] (1) 5% of Compensation (as determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting ii)Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
For Non. Key Employees also participating in the defined benefit plan, the top heavy minimum is: (Choose (1) or (2)) [ ] |_| (1) 5% of Compensation (as determined under Section 3.04(B) or of the Plan) irrespective of the contribution rate of any Key Employee, except: (Choose (i) or (ii)) [ ] |_| (i) No exceptions. [ ] |_| (ii) Substituting "7 1/2%" for "5%" if the top heavy ratio does not exceed 90%.
Appears in 1 contract
Sources: Adoption Agreement (Ce Software Inc)