Common use of Key Employee Clause in Contracts

Key Employee. Any Employee or former Employee (and the Beneficiary of any such Employee) who at any time during the determination period was (1) an officer of the Employer whose annual Compensation exceeds 50 percent of the dollar limitation under Section 415(b)(1)(A) of the Code, (2) an owner (or considered an owner under Section 318 of the Code) of one of the ten largest interests in the Employer if such individual's annual Compensation exceeds the dollar limitation under Section 415(c)(1)(A) of the Code, (3) a 5-percent owner of the Employer, or (4) a 1-percent owner of the Employer who has annual Compensation of more than $150,000. For purposes of this paragraph, the determination period is the Plan Year containing the Determination Date and the four preceding Plan Years. The determination of who is a Key Employee shall be made in accordance with Section 416(i)(1) of the Code and the regulations thereunder. Annual Compensation means compensation as defined in Section 5.03(e)(2), but including amounts contributed by the Employer pursuant to a salary reduction agreement which are excludable from the employee's gross income under Section 125, Section 402(a)(8), and Section 403(b) of the Code.

Appears in 6 contracts

Samples: Adoption Agreement (Lexington Precision Corp), Adoption Agreement (Lawter International Inc), Adoption Agreement (Dep Corp)

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Key Employee. Any Employee or former Employee (and the Beneficiary of any such Employee) who at any time during the determination period was (1i) an officer of the Employer whose annual Compensation exceeds 50 percent of the dollar limitation under Section 415(b)(1)(A) of the Code, (2ii) an owner (or considered an owner under Section 318 of the Code) of one of the ten largest interests in the Employer if such individual's annual Compensation exceeds the dollar limitation under Section 415(c)(1)(A) of the 49 54 Code, (3iii) a 5-percent owner of the Employer, or (4iv) a 1-percent owner of the Employer who has annual Compensation of more than $150,000. For purposes of this paragraph, the determination period is the Plan Year containing the Determination Date and the four preceding Plan Years. The determination of who is a Key Employee shall be made in accordance with Section 416(i)(1) of the Code and the regulations thereunder. Annual Compensation means compensation Compensation as defined in Section 5.03(e)(2), but including amounts contributed by the Employer pursuant to a salary reduction agreement which are excludable from the employeeEmployee's gross income under Section 125, Section 402(a)(8), and Section 403(b) of the Code.

Appears in 1 contract

Samples: Concord Communications Inc

Key Employee. Any Employee or former Employee (and the Beneficiary beneficiaries of any such Employee) who at any time during the determination period was (1) an officer of the Employer whose if such individual's annual Compensation exceeds 50 percent 50% of the dollar limitation under Section 415(b)(1)(A) of the Code, (2) an owner (or considered an owner under Section 318 of the Code) of one of the ten largest interests in the Employer if such individual's annual Compensation exceeds 100% of the dollar limitation under Section 415(c)(1)(A) of the Code, (3) a 5-percent % owner of the Employer, or (4) a 1-percent % owner of the Employer who has an annual Compensation of more than $150,000. For purposes Annual Compensation means Compensation as defined in Section 415(c)(3) of this paragraphthe Code, but including amounts contributed by the Employer pursuant to a salary reduction agreement which are excludable from the Employee's gross income under Section 125, Section 402(a)(8), Section 402(h) or Section 403(b) of the Code.The determination period is the Plan Year containing the Determination Date and the four preceding Plan Years. The determination of who is a Key Employee shall will be made in accordance with Section 416(i)(1) of the Code and the regulations thereunder. Annual Compensation means compensation as defined in Section 5.03(e)(2), but including amounts contributed by the Employer pursuant to a salary reduction agreement which are excludable from the employee's gross income under Section 125, Section 402(a)(8), and Section 403(b) of the Code.

Appears in 1 contract

Samples: Trimedyne Inc

Key Employee. Any Employee or former Employee (and the Beneficiary of any such Employee) who at any time during the determination period was (1i) an officer of the Employer whose annual Compensation compensation exceeds 50 percent of the dollar limitation under Section 415(b)(1)(A) of the Code, (2ii) an owner (or considered an owner under Section 318 of the Code) of one of the ten largest interests in the Employer if such individual's annual Compensation compensation exceeds the dollar limitation under Section 415(c)(1)(A) of the Code, (3iii) a 5-percent owner of the Employer, or (4iv) a 1-percent owner of the Employer who has annual Compensation compensation of more than $150,000. For purposes of this 47 paragraph, the determination period is the Plan Year containing the Determination Date and the four preceding Plan Years. The determination of who is a Key Employee shall be made in accordance with Section 416(i)(1) of the Code and the regulations thereunder. Annual Compensation compensation means compensation as defined in Section 5.03(e)(2), but including amounts contributed by the Employer pursuant to a salary reduction agreement which are excludable from the employee's gross income under Section 125, Section 402(a)(8), and Section 403(b) of the Code.

Appears in 1 contract

Samples: Jaymark Inc

Key Employee. Any Employee or former Employee (and the Beneficiary of ------------ any such Employee) who at any time during the determination period was (1i) an officer of the Employer whose annual Compensation compensation exceeds 50 percent of the dollar limitation under Section 415(b)(1)(A) of the Code, (2ii) an owner (or considered an owner under Section 318 of the Code) of one of the ten largest interests in the Employer if such individual's annual Compensation compensation exceeds the dollar limitation under Section 415(c)(1)(A) of the Code, (3iii) a 5-percent owner of the Employer, or (4iv) a 1-percent owner of the Employer who has annual Compensation compensation of more than $150,000. For purposes of this paragraph, the determination period is the Plan Year containing the Determination Date and the four preceding Plan Years. The determination of who is a Key Employee shall be made in accordance with Section 416(i)(1) of the Code and the regulations thereunder. Annual Compensation compensation means compensation as defined in Section 5.03(e)(2), but including amounts contributed by the Employer pursuant to a salary reduction agreement which are excludable from the employee's gross income under Section 125, Section 402(a)(8), and Section 403(b) of the Code.

Appears in 1 contract

Samples: Impac Group Inc /De/

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Key Employee. Any Employee or former Employee (and the Beneficiary of any such Employee) who at any time during the determination period was (1i) an officer of the Employer whose annual Compensation exceeds 50 percent of the dollar limitation under Section 415(b)(1)(A) of the Code, (2ii) an owner (or considered an owner under Section 318 of the Code) of one of the ten largest interests in the Employer if such individual's annual Compensation exceeds the dollar limitation under Section 415(c)(1)(A) of the Code, (3iii) a 5-percent owner of the Employer, or (4iv) a 1-percent owner of the Employer who has annual Compensation of more than $150,000. For purposes of this paragraph, the determination period is the Plan Year containing the Determination Date and the four preceding Plan Years. The determination of who is a Key Employee shall be made in accordance with Section 416(i)(1) of the Code and the regulations thereunder. Annual Compensation means compensation Compensation as defined in Section 5.03(e)(2), but including amounts contributed by the Employer pursuant to a salary reduction agreement which are excludable from the employeeEmployee's gross income under Section 125, Section 402(a)(8), and Section 403(b) of the Code.

Appears in 1 contract

Samples: Acadia Pharmaceuticals Inc

Key Employee. Any Employee or former Employee (and the Beneficiary of any such Employee) who at any time during the determination period was (1) an officer of the Employer whose annual Compensation exceeds 50 percent of the dollar limitation under Section 415(b)(1)(A) of the Code, (2) an owner (or considered an owner under Section 318 of the Code) of one of the ten largest interests in the Employer if such individual's annual Compensation exceeds the dollar limitation under Section 415(c)(1)(A) of the Code, (3) a 5-percent owner of the Employer, or (4) a 1-percent owner of the Employer who has annual Compensation of more than $150,000. For purposes of this paragraph, the determination period is the Plan Year containing the Determination Date and the four preceding Plan Years. The determination of who is a Key Employee shall be made in accordance with Section 416(i)(1) of the Code and the regulations thereunder. Annual Compensation means compensation as defined in Section 5.03(e)(2), but including amounts contributed by the Employer pursuant to a salary reduction agreement which are excludable from the employee's gross income under Section 125, Section section 402(a)(8), and Section 403(b) of the Code.

Appears in 1 contract

Samples: Adoption Agreement (Infousa Inc)

Key Employee. Any Employee or former Employee (and the Beneficiary of ------------ any such Employee) who at any time during the determination period was (1) an officer of the Employer whose annual Compensation exceeds 50 percent of the dollar limitation under Section 415(b)(1)(A) of the Code, (2) an owner (or considered an owner under Section 318 of the Code) of one of the ten largest interests in the Employer if such individual's annual Compensation exceeds the dollar limitation under Section 415(c)(1)(A) of the Code, (3) a 5-percent owner of the Employer, or (4) a 1-percent owner of the Employer who has annual Compensation of more than $150,000. For purposes of this paragraph, the determination period is the Plan Year containing the Determination Date and the four preceding Plan Years. The determination of who is a Key Employee shall be made in accordance with Section 416(i)(1) of the Code and the regulations thereunder. Annual Compensation means compensation as defined in Section 5.03(e)(2), but including amounts contributed by the Employer pursuant to a salary reduction agreement which are excludable from the employee's gross income under Section 125, Section 402(a)(8), and Section 403(b) of the Code.

Appears in 1 contract

Samples: Technitrol Inc

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