Common use of Minimum Allocation Clause in Contracts

Minimum Allocation. (a) In any Plan Year in which this Plan is Top-Heavy, except as otherwise provided in (d), (e) and (f) below, the Employer Contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee shall not be less than the lesser of 3% of such Participant's Compensation or, in the case where the Employer has no defined benefit plan which designates this Plan to satisfy Code Section 401, the largest percentage of Employer Contributions and forfeitures stated as a percentage of the first $200,000 of a Key Employee's Compensation, allocated on behalf of any Key Employee for that Plan Year. The minimum allocation is determined without regard to any Social Security contribution by the Employer. This minimum allocation shall be made even though, under other provisions of this Plan, the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because (i) the Participant failed to complete the minimum number of Hours of Service specified in the Adoption Agreement for receiving an allocation, (ii) the Participant's Compensation was less than a stated amount, or (iii) the Participant made insufficient mandatory contributions to receive an Employer Contribution (allocated on a thrift matching basis) sufficient to alleviate the need a minimum allocation under this Section 21.03.

Appears in 3 contracts

Samples: Scudder Equity Trust, Scudder Investment Trust, Scudder Portfolio Trust/

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Minimum Allocation. (a) In any Plan Year in which this Plan is Top-Heavy, except Except as otherwise provided in subsections (d), (ec) and (fd) below, the Employer Contributions contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee shall not be less than the lesser of 3% three percent of such Participant's Annual Additions Compensation or, in the case where the Employer has no defined benefit plan which designates this Plan to satisfy Code Section 401section 401 of the Code, the largest percentage of Employer Contributions contributions and forfeitures stated forfeitures, as a percentage of the first $200,000 of a Key Employee's Annual Additions Compensation, as limited by section 401(a)(17) of the Code, allocated on behalf of any Key Employee for that Plan Yearyear. The minimum allocation is determined without regard to any Social Security contribution by the Employercontribution. This minimum allocation shall be made even though, under other provisions of this Planplan provisions, the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because of (i) the Participant failed Participant's failure to complete the minimum number of 1,000 Hours of Service specified (or any equivalent provided in the Adoption Agreement for receiving an allocationPlan), (ii) the Participant's Compensation was failure to make mandatory Employee contributions to the Plan, or (iii) compensation less than a stated amount. Neither Elective Deferrals, or (iii) Matching Contributions, Safe Harbor Matching Contributions nor ACP Test Only Safe Harbor Matching Contributions may be taken into account for the Participant made insufficient mandatory contributions to receive an Employer Contribution (allocated on a thrift matching basis) sufficient to alleviate purpose of satisfying the need a minimum allocation under this Section 21.03Top-Heavy contribution requirements.

Appears in 1 contract

Samples: Garmin LTD

Minimum Allocation. (a) In any Plan Year in which this Plan is Top-Heavy, except Except as otherwise provided in paragraphs (d), (ec) and (fd) below, the Employer Contributions contributions and forfeitures Forfeitures allocated on behalf of any Participant who is not a Key Employee shall not be less than the lesser of 3% of such Participant's Compensation orEarnings, or in the case where the Employer has no defined benefit plan which -82- designates this Plan to satisfy Code Section 401401 of the Code, the largest percentage of Employer Contributions contributions and forfeitures stated Forfeitures, as a percentage of the first $200,000 of a Key Employee's CompensationEarnings, allocated on behalf of any Key Employee for that Plan Yearyear. The minimum allocation is determined without regard to any Social Security contribution by the Employercontribution. This minimum allocation shall be made even though, under other provisions of this PlanPlan provisions, the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation of the Employer's contributions and Forfeitures for the year Plan Year because of (i) the Participant failed to complete the minimum number of Hours of Service specified in the Adoption Agreement for receiving an allocation, (ii1) the Participant's Compensation was failure to be credited with at least 1,000 Hours of Service, or (2) the Participant's failure to make mandatory Employee contributions to the Plan, or (3) the Participant's receiving Earnings less than a stated amount. Neither Elective Deferrals, or (iii) Employer Matching Contributions nor Qualified Matching Contributions for non-Key Employees shall be taken into account for purposes of satisfying the Participant made insufficient mandatory contributions to receive an Employer Contribution (allocated on a thrift matching basis) sufficient to alleviate the need a minimum allocation under requirement of this Section 21.0314.3(a).

Appears in 1 contract

Samples: Ico Inc

Minimum Allocation. (a) In any Plan Year in which this Plan is Top-Heavy, except as otherwise provided in subsections (d), (ec) and (fd) below, the Employer Contributions and forfeitures allocated, or during a Plan Year which begins after December 31, 1988, Employer Profit Sharing Contributions and forfeitures allocated to the Participant's Employer Profit Sharing Contribution Account, on behalf of any Participant who is not a Key Employee shall not be less than the lesser of 3% of such Participant's Compensation or, in the case where the Employer has no defined benefit plan which designates this Plan to satisfy Code Section 401, the largest percentage of Employer Contributions and forfeitures stated as a percentage of the first $200,000 of a Key Employee's Compensation, allocated on behalf of any Key Employee for that Plan Year. The minimum allocation is determined without regard to any Social Security contribution by the Employer. This minimum allocation shall be made even though, under other provisions of this Plan, the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because (i) the Participant failed to complete the minimum number of Hours of Service specified in the Adoption Agreement for receiving an allocation, (ii) the Participant's Compensation was less than a stated amount, or (iii) the Participant made insufficient mandatory contributions to receive an Employer Contribution (allocated on a thrift matching basis) sufficient to alleviate the need a minimum allocation under this Section 21.03Matching Contribution.

Appears in 1 contract

Samples: Tro Learning Inc

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Minimum Allocation. (a) In any Plan Year in which this Plan is Top-Heavy, except Except as otherwise provided in (d), (ec) and (fd) below, the Employer Contributions contributions and forfeitures allocated on behalf of any Participant who is not a Key Employee shall not be less than the lesser of 3% three percent of such Participant's Compensation or, or in the case where the Employer has no defined benefit plan which designates this Plan to satisfy Code Section 401section 401 of the Code, the largest percentage of Employer Contributions contributions (including any salary deferral contribution) and forfeitures stated forfeitures, as a percentage of the first $200,000 of a the Key Employee's Compensation, allocated on behalf of any Key Employee for that Plan Yearyear. The minimum allocation is determined without regard to any Social Security contribution by the Employercontribution. This minimum allocation shall be made even though, under other provisions of this Planplan provisions, the Participant would not otherwise be entitled to receive an allocation, or would have received a lesser allocation for the year because of (i) the Participant failed Participant's failure to complete the minimum number of 1,000 Hours of Service specified (or any equivalent provided in the Adoption Agreement for receiving an allocationPlan), (ii) the Participant's failure to make mandatory Employee contributions (including elective deferral contributions) to the Plan, or (iii) Compensation was less than a stated amount, or (iii) . Neither Elective Deferrals nor Matching Contributions may be taken into account for the Participant made insufficient mandatory contributions to receive an Employer Contribution (allocated on a thrift matching basis) sufficient to alleviate purpose of satisfying the need a minimum allocation under this Section 21.03Top Heavy contribution requirements.

Appears in 1 contract

Samples: WHX Corp

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