Common use of Minimum Vesting Clause in Contracts

Minimum Vesting. For any Plan Year in which this Plan is Top-Heavy, the minimum vesting schedule elected by the Employer in the Adoption Agreement will automatically apply to the Plan. If the vesting schedule selected by the Employer in the Adoption Agreement is less liberal than the allowable schedule, the schedule will automatically be modified. If the vesting schedule under the Employer's Plan shifts in or out of the Top-Heavy schedule for any Plan Year, such shift is an amendment to the vesting schedule and the election in paragraph 9.8 of the Plan applies. The minimum vesting schedule applies to all accrued benefits within the meaning of Code Section 411(a)(7) except those attributable to Employee contributions, including benefits accrued before the effective date of Code Section 416 and benefits accrued before the Plan became Top-Heavy. Further, no reduction in vested benefits may occur in the event the Plan's status as Top-Heavy changes for any Plan Year. However, this paragraph does not apply to the account balances of any Employee who does not have an Hour of Service after the Plan initially becomes Top-Heavy and such Employee's account balance attributable to Employer contributions and forfeitures will be determined without regard to this paragraph.

Appears in 3 contracts

Samples: East West Bancorp Inc, Non Standardized Adoption Agreement (Princeton Review Inc), Adoption Agreement (Shared Technologies Cellular Inc)

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Minimum Vesting. For any Plan Year in during which this Plan is Top-Heavy, the minimum vesting schedule elected selected by the Employer in the Adoption Agreement will automatically apply to the Plan. If the vesting schedule selected elected by the Employer in the Adoption Agreement is less liberal than the allowable schedule, the schedule will automatically be modifiedshift to a vesting schedule which satisfies the Top-Heavy minimum requirements. If the vesting schedule under the Employer's ’s Plan shifts in or out of the Top-Heavy schedule for any Plan Year, such shift is an amendment to the vesting schedule and the election in paragraph 9.8 9.9 of the Basic Plan Document #01 applies. The minimum vesting schedule applies to all accrued benefits within the meaning of Code Section 411(a)(7) except those attributable to Employee contributions, including benefits accrued before the effective date of Code Section 416 and benefits accrued before the Plan became Top-Heavy. Further, no No reduction in vested benefits may occur in the event the Plan's ’s status as Top-Heavy changes for any Plan Year. However, this This paragraph does not apply to the account balances of any Employee who does not have an one (1) Hour of Service after the Plan initially becomes Top-Heavy and such Employee's ’s account balance attributable to Employer contributions and forfeitures will be determined without regard to this paragraph.

Appears in 3 contracts

Samples: Nonstandardized Adoption Agreement (Chicopee Bancorp, Inc.), Prototype Defined Contribution Plan (Georgetown Bancorp, Inc.), Idt Corp

Minimum Vesting. For any Plan Year in which this Plan is Top-Heavy, the minimum vesting schedule elected by by, or deemed elected by, the Employer in the Adoption Agreement will automatically apply to the Plan. If the vesting schedule selected by the Employer in the Adoption Agreement is less liberal than the allowable schedule, the schedule will be automatically be modified. If the vesting schedule under the Employer's Plan shifts in or out of the Top-Heavy schedule for any Plan Year, such shift is an amendment to the vesting schedule and the election in paragraph 9.8 of the Plan applies. The minimum vesting schedule applies to all accrued benefits within the meaning of Code Section 411(a)(7) except those attributable to Employee contributions, including benefits accrued before the effective date of Code Section 416 and benefits accrued before the Plan became Top-Heavy. Further, no reduction in vested benefits may occur in the event the Plan's status as Top-Heavy changes for any Plan Year. However, this paragraph does not apply to the account balances of any Employee who does not have an Hour of Service after the Plan initially becomes Top-Heavy and such Employee's account balance attributable to Employer contributions and forfeitures will be determined without regard to this paragraph.

Appears in 1 contract

Samples: First Keystone Corp

Minimum Vesting. For any Plan Year in which this Plan is a Top-HeavyHeavy Plan, the minimum vesting schedule elected by the Employer in the Adoption Agreement will automatically apply to the Plan. If the vesting schedule selected by the Employer in the Adoption Agreement is less liberal than the allowable schedule, the schedule will automatically be modified. If the vesting schedule under the Employer's Plan shifts in or out of the Top-Heavy schedule for any Plan Year, such shift is an amendment to the vesting schedule and the election in paragraph 9.8 of the Plan applies. The minimum vesting schedule applies to all accrued benefits within the meaning of Code Section section 411(a)(7) of the Code except those attributable to Employee contributions, including benefits accrued before the effective date of Code Section section 416 and benefits accrued before the Plan became a Top-HeavyHeavy Plan. Further, no reduction decrease in vested benefits a Participant's Vested Percentage may occur in the event the Plan's status as a Top-Heavy Plan changes for any Plan Year. However, this paragraph section does not apply to the account balances of any Employee who does not have an Hour of Service after the Plan has initially becomes become a Top-Heavy Plan and such Employee's account balance attributable to Employer contributions Contributions and forfeitures Forfeitures will be determined without regard to this paragraphsection. If the Plan's status changes from a Top-Heavy Plan to a non- Top-Heavy Plan, any change to a different vesting schedule because of the change in status will be considered an amendment to the vesting schedule for purposes of Section 14.01 of the Plan.

Appears in 1 contract

Samples: Brigham Exploration Co

Minimum Vesting. For any Plan Year in which this Plan is Top-Top Heavy, the minimum vesting schedule elected by by, or deemed elected by, the Employer in the Adoption Agreement will automatically apply to the Plan. If the vesting schedule selected by the Employer in the Adoption Agreement is less liberal than the allowable schedule, the schedule will be automatically be modified. If the vesting schedule under the Employer's Plan shifts in or out of the Top-Top Heavy schedule for any Plan Year, such shift is an amendment to the vesting schedule and the election in paragraph 9.8 of the Plan applies. The minimum vesting schedule applies to all accrued benefits within the meaning of Code Section 411(a)(7) except those attributable to Employee contributions, including benefits accrued before the effective date of Code Section 416 and benefits accrued before the Plan became Top-Top Heavy. Further, no reduction in vested benefits may occur in the event the Plan's status as Top-Top Heavy changes for any Plan Year. However, this paragraph does not apply to the account balances of any Employee who does not have an Hour of Service after the Plan initially becomes Top-Top Heavy and such Employee's account balance attributable to Employer contributions and forfeitures will be determined without regard to this paragraph.

Appears in 1 contract

Samples: First Keystone Corp

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Minimum Vesting. For any Plan Year in which this Plan is Top-Heavy, the minimum vesting schedule elected by the Employer in the Adoption Agreement will automatically apply to the Plan. If the vesting schedule selected by the Employer in the Adoption Agreement is less liberal than the allowable schedule, the schedule will automatically be modified. If the vesting schedule under the Employer's Plan shifts in or out of the Top-Heavy schedule for any Plan Year, such shift is an amendment to the vesting schedule and the election in paragraph 9.8 of the Plan applies. The minimum vesting schedule applies to all accrued benefits within the meaning of Code Section 411(a)(7411 (a)(7) except those attributable to Employee contributions, including benefits accrued before the effective date of Code Section 416 and benefits accrued before the Plan became Top-Heavy. Further, no reduction in vested benefits may occur in the event the Plan's status as Top-Heavy changes for any Plan Year. However, this paragraph does not apply to the account balances of any Employee who does not have an Hour of Service after the Plan initially becomes Top-Heavy and such Employee's account balance attributable to Employer contributions and forfeitures will be determined without regard to this paragraph.

Appears in 1 contract

Samples: Professionals Insurance Co Management Group

Minimum Vesting. For any Plan Year in which this Plan is Top-Heavy, the minimum vesting schedule elected by the Employer in the Adoption Agreement will automatically apply to the Plan. If the vesting schedule selected by the Employer in the Adoption Agreement is less liberal than the allowable schedule, the schedule will automatically be modified. If the vesting schedule under the Employer's Plan shifts in or out of the Top-Heavy schedule for any Plan Year, such shift is an amendment to the vesting schedule and the election in paragraph 9.8 of the Plan applies. The minimum vesting schedule applies to all accrued benefits within the meaning of Code Section 411(a)(7) except those attributable to Employee contributions, including benefits accrued before the effective date of Code Section 416 and benefits accrued before the Plan became Top-Heavy. Further, no reduction in vested benefits may occur in the event the Plan's Plan?s status as Top-Top- Heavy changes for any Plan Year. However, this paragraph does not apply to the account balances of any Employee who does not have an Hour of Service after the Plan initially becomes Top-Heavy and such Employee's Employee?s account balance attributable to Employer contributions and forfeitures will be determined without regard to this paragraph.

Appears in 1 contract

Samples: Inventa Technologies Inc

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