Multiple Employer Plans. Provisions relating to Multiple Employer Plans do not apply.
Multiple Employer Plans. If elected by the Employer in the Adoption Agreement the Plan may be adopted as a Multiple Employer Plan, that is, to be adopted as a non-collectively bargained single plan benefiting the Employees of two (2) or more employers who are not treated as a single Employer under Code Section 414(b), (c), (m), or (o). The Plan includes, as an addendum to the Adoption Agreement, a Joinder Agreement to be executed by any Employer that adopts the Plan and which is acknowledged by the Sponsoring Employer (the entity executing the Adoption Agreement). The Joinder Agreement must provide that the Participating Employer agrees to be bound by the terms of the Plan and Trust as adopted by the Sponsoring Employer, including any amendments thereto and any elections made by the Sponsoring Employer, except to the extent the Participation Agreement allows for, and the Participating Employer makes, separate elections with respect to its Employees. Each Participating Employer shall adopt the Plan by executing a separate Participation Agreement. The Employer and each Participating Employer acknowledge that the Plan is a Multiple Employer Plan subject to the rules of Code Section 413(c) and the Regulations thereunder which are incorporated by reference, specific annual reporting requirements, and different procedures for obtaining determination letters from the Internal Revenue Service regarding the qualified status of the Plan. The exclusive benefit requirement is applied to a Multiple Employer Plan by treating all Employees of all Participating Employers as if they were the Employees of the same Employer. In addition, the minimum participation requirements of Code Section 410(a) and the minimum vesting requirements of Code Section 411 are applied as if all Participating Employers were a single Employer, and service for any Employer counts as service for all. The limitations of Code Section 415 (Annual Additions), Code Section 402(g) (Elective Deferrals), and Code Section 414(v) (Catch-up Contributions) are applied to the Plan as a whole, rather than on an employer-by-employer basis. Likewise, if a Participant is both a 5% owner and an Employee of any Participating Employer in the year the Employee reaches age 70½, then the Employee’s Required Beginning Date is April 1 of the following year. The minimum coverage requirements of Code Section 410(b), the nondiscrimination requirements of Code Section 401(a)(4), the determination of top-heavy status and minimum contributions under Co...
Multiple Employer Plans. At no time has the Seller or its Controlled Group Affiliates participated in and/or been obligated to contribute to any Benefit Plan in which any Persons which are not or were not at the relevant time, Controlled Group Affiliates of the Seller and/or their employees, have participated.
Multiple Employer Plans. At no time has the Company or any Company Subsidiary contributed to or been obligated to contribute to any multiemployer plan.
Multiple Employer Plans. Neither the Company Group Members nor any of their respective ERISA Affiliates has in the preceding six (6) years maintained, participated in or contributed to (or been obligated to contribute to), or can reasonably expect to have future liability with respect to (i) a Pension Plan subject to Title IV of ERISA or Sections 412 or 430 of the Code or Section 302 of ERISA; (ii) a “multiemployer plan” (as defined in Section 4001(a)(3) of ERISA), (iii) a “multiple employer plan” (as defined in Section 413(c) of the Code), or (iv) multiple employer welfare arrangement (within the meaning of Section 3(40) of ERISA). No Employee Plan is funded by, associated with or related to a “voluntary employees’ beneficiary association” within the meaning of Section 501(c)(9) of the Code.
Multiple Employer Plans. None of the Company Group Members nor any of their respective ERISA Affiliates has in the preceding six (6) years maintained, participated in or contributed to (or been obligated to contribute to), had any liability on account of an ERISA Affiliate or can reasonably expect to have future liability or can reasonably expect to have future liability (including on account of any ERISA Affiliate) with respect to (i) a Pension Plan subject to Title IV of ERISA or Sections 412 or 430 of the Code or Section 302 of ERISA; (ii) a “multiemployer plan” (as defined in Section 4001(a)(3) of ERISA), (iii) a “multiple employer plan” (as defined in Section 413(c) of the Code), or (iv) multiple employer welfare arrangement (within the meaning of Section 3(40) of ERISA). No Employee Plan is funded by, associated with or related to a “voluntary employees’ beneficiary association” within the meaning of Section 501(c)(9) of the Code.
Multiple Employer Plans. Except as set forth on Schedule 3.19h, no Benefit Plan that is: (x) an employee welfare benefit plan as defined in Section 3(1) of ERISA is a “multiple employer welfare arrangement” as defined in Section 3(40) of ERISA; and (y) an employee pension benefit plan as defined in Section 3(2) of ERISA, including any cash or deferred arrangement intended to be qualified under 401(a) of the Code, is a multiple employer plan subject to the rules of Section 413(c) of the Code. Any “multiple employer welfare arrangement” or “multiple employer plan” has been operated and administered in compliance with all Applicable Law and relevant regulations.
Multiple Employer Plans. Regardless of any election under AA §2-6, if an Employer (other than a Related Employer) executes a Participating Employer Adoption Page under the Adoption Agreement, the Plan is treated as a Multiple Employer Plan. Treatment of the Plan as a Multiple Employer Plan will not affect reliance on the Favorable IRS Letter issued to the Provider or any determination letter issued on the Plan.
Multiple Employer Plans. None of the Company Group Members or any of their respective ERISA Affiliates maintain, participates in or contributes to (or is obligated to contribute to), or has or can be reasonably expected to have Liability with respect to (i) a plan that is or was subject to Title IV of ERISA or Sections 412 or 430 of the Code or Section 302 of ERISA; (ii) a “multiemployer plan” (as defined in Section 3(37) or Section 4001(a)(3) of ERISA), (iii) a “multiple employer plan” (as defined in Section 413(c) of the Code), or (iv) a multiple employer welfare arrangement (within the meaning of Section 3(40) of ERISA). No Employee Plan is funded by, associated with or related to a “voluntary employees’ beneficiary association” within the meaning of Section 501(c)(9) of the Code. No Company Group Member has any Liability by reason of at any time being considered a single employer under Section 414 of the Code with any other Person other than another Company Group Member.
Multiple Employer Plans. No Employee Benefit Plan is, and none of the Company Group Members or any of their respective ERISA Affiliates has in the preceding six (6) years sponsored, maintained, participated in or contributed to (or been obligated to contribute to), or has or could reasonably be expected to have any material Liability under or with respect to, (i) a Pension Plan that is or was subject to Title IV of ERISA or Section 412 of the Code; (ii) a “multiemployer plan” (as defined in Section 3(37) of ERISA); (iii) other than any PEO Plan, a “multiple employer plan” within the meaning of Section 210 of ERISA or Section 413(c) of the Code; or (iv) other than any PEO Plan, multiple employer welfare arrangement (as defined in Section 3(40) of ERISA). No Employee Benefit Plan is funded by, associated with or related to a “voluntary employees’ beneficiary association” within the meaning of Section 501(c)(9) of the Code. No Employee Benefit Plan provides health benefits that are not fully insured through an insurance contract.
