Common use of DETERMINATION OF TOP HEAVY STATUS Clause in Contracts

DETERMINATION OF TOP HEAVY STATUS. (1) This Plan shall be a Top Heavy Plan for any Plan Year commencing after December 31, 1983, in which, as of the Determination Date, (i) the present value of accrued benefits of Key Employees and (ii) 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 value of accrued benefits and the Aggregate Accounts of all Key and Non-Key Employees under this Plan and all plans of an Aggregation Group. If any Participant is a Non-Key Employee for any Plan Year, but such Participant was a Key Employee for any prior Plan Year, such Participant's present value of accrued benefit and/or Aggregate Account balance shall not be taken into account for purposes of determining whether this Plan is a Top Heavy or Super Top Heavy Plan (or whether any Aggregation Group which includes this Plan is a Top Heavy Group). In addition, for Plan Years beginning after December 31, 1984, if a Participant or former Participant has not received any compensation from the Company (other than benefits under the Plan) at any time during the five year period ending on the Determination Date, the Aggregate Account and/or present value of accrued benefit for such Participation or former Participant shall not be taken into account for the purposes of determining whether this Plan is a Top Heavy or Super Top Heavy Plan. SECTION 17 (b)(2)

DETERMINATION OF TOP HEAVY STATUS. (1a) This Plan shall be a Top Heavy Plan for any Plan Year commencing after December 31, 1983, in which, as of the Determination Date, (i1) the present value Present Value of accrued benefits Accrued Benefits of Key Employees and (ii2) 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 value Present Value of accrued benefits Accrued Benefits and the Aggregate Accounts of all Key and Non-Key Employees under this Plan and all plans of an Aggregation Group. If any Participant is a Non-Key Employee for any Plan Year, but such Participant was a Key Employee for any prior Plan Year, such Participant's present value Present Value of accrued benefit Accrued Benefit and/or Aggregate Account balance shall not be taken into account for purposes of determining whether this Plan is a Top Heavy or Super Top Heavy Plan (or whether any Aggregation Group which includes this Plan is a Top Heavy Group). In addition, for Plan Years beginning after December 31, 1984addition , if a Participant or former Former Participant has not received performed any compensation from services for any Employer maintaining the Company (other than benefits under the Plan) Plan at any time during the five year period ending on the Determination Date, the Aggregate Account and/or present value of any accrued benefit for such Participation Participant or former Former Participant shall not be taken into account for the purposes of determining whether this Plan is a Top Heavy or Super Top Heavy Plan. SECTION 17 (b)(2).

DETERMINATION OF TOP HEAVY STATUS. (1A) This Plan shall be a Top Heavy Plan for any Plan Year commencing after December 31, 1983, in whichif, as of the Determination Date, (i1) the present value of accrued benefits Accrued Benefits of Key Employees Employees, and (ii2) the sum of the Aggregate Accounts of Key Employees under this Plan plan and all plans of an Aggregation Group, exceeds sixty percent (60%) of the present value of accrued benefits Accrued Benefits and the Aggregate Accounts of all Key and Non-Key Employees Participants under this Plan and all plans of an Aggregation Group. If any Participant is a Non-Key Employee for any Plan Year, but such Participant was a Key Employee for any prior Plan Year, such Participant's present value of accrued benefit Accrued Benefit and/or Aggregate Account balance shall not be taken into account for purposes of determining whether this Plan is a Top Heavy or Super Top Heavy Plan (or whether any Aggregation Group which includes this Plan is a Top Heavy Group). In addition, for Plan Years beginning after December 31, 1984, if a Participant or former Participant has not received performed services for any compensation from Employer maintaining the Company Plan (other than benefits under the Plan) at any time during the five (5) year period ending on the Determination Date, the Aggregate Account and/or present value of accrued benefit Accrued Benefit for such Participation Participant or former Participant shall not be taken into account for the purposes of determining whether this Plan is a Top Heavy or Super Top Heavy Plan. SECTION 17 (b)(2).