DETERMINATION OF TOP. HEAVY STATUS A. For any Plan Year beginning after December 31, 1983, this Plan is a Top-Heavy Plan if any of the following conditions exist:
DETERMINATION OF TOP. HEAVY STATUS
DETERMINATION OF TOP heavy status.
DETERMINATION OF TOP. Heavy Status. This section shall apply for purposes of determining whether the Plan is a top-heavy plan under Code ss. 416(g) and whether the Plan satisfies the minimum benefits requirements of Code ss. 416(c) for Plan Years beginning on or after January 1, 2002. If, as of the last day of any such Plan Year ("determination date"), the sum of the present value of the accrued benefits of key employees (as defined below) exceeds 60% of the sum of the present value of the accrued benefits of all employees as of that determination date, this Plan will be top heavy for the immediately following Plan Year. For this purpose,
DETERMINATION OF TOP. Heavy Status ------------ ---------------------------------
DETERMINATION OF TOP. HEAVY STATUS A. For any Plan Year beginning after December 31, 1983, this Plan is a Top-Heavy Plan if any of the following conditions exist: 1. If the top-heavy ratio for this Plan exceeds 60% and this Plan is not part of any required aggregation group or permissive aggregation group of plans.
DETERMINATION OF TOP. HEAVY STATUS. ---------------------------------
DETERMINATION OF TOP. HEAVY STATUS The Plan will be considered to be top-heavy for the Plan Year if, as of the Anniversary Date of the preceding Plan Year, (a) the sum of the Accounts (including contributions which are due but unpaid as of such Anniversary Date and including any part of any Account distributed in the five-year period ending on such Anniversary Date) of participants who are key employees (as defined in Section 416 (i) of the Code) ("Key Employees") exceeds 60% of the sum of the Accounts (including contributions which are due but unpaid as of such Anniversary Date and including any part of any Account distributed in the five-year period ending on such Anniversary Date) of all Participants (the "60% Test"), or (b) the plan is part of a required aggregation group (within the meaning of Section 416 (g) of the Code) and the required aggregation group is top-heavy. However, and notwithstanding the results of the 60% Test, the plan shall not be considered a top-heavy plan for any Plan Year in which the Plan is part of a required or permissive aggregation group (within the meaning of Section 416 (g) of the Code) which is not top-heavy.
DETERMINATION OF TOP. HEAVY STATUS SHALL BE AMENDED BY ADDING THE FOLLOWING AT THE BEGINNING OF THIS SECTION: "The determination of whether the plan is Top-Heavy shall be determined on separately for each non-related Participating Employer such that only the Employees of each individual non-related Employer and the contributions of such Participating Employer are considered."
DETERMINATION OF TOP. HEAVY STATUS (a) This Plan shall be a Top Heavy Plan for any Plan Year in which, as of the Determination Date, (1) the Present Value of Accrued Benefits of Key Employees and (2) the sum of the Aggregate Accounts of Key Employees under this Plan and all plans of an Aggregation Group, exceeds sixty percent (60%) of the Present
