Multiple Plans. With the consent of the Trustee, the assets of two or more qualified plans maintained by the Employer and Affiliated Employers may be maintained as one Trust and their assets may be commingled.
Multiple Plans. If the Employer or an Affiliate also maintains another plan, the Employer shall specify in the Adoption Agreement how the minimum allocation, if any, required under Code section 416 will be satisfied and, if the Employer or an Affiliate maintains or has maintained a defined benefit plan, the method of satisfying Code section 416(h).
Multiple Plans. If the Participant is concurrently accruing benefits in more than one defined benefit plan during such limitation year, such cessations and reductions of accrued benefits under such defined benefit plans shall be made in chronological order as determined by the effective date of each plan (using the original effective date of the plan) beginning with the most recently established plan.
Multiple Plans. TREATED AS A SINGLE PLAN. - If two or more plans of an employer to which matching contributions, employee contributions, or elective deferrals are made are treated as one plan for purposes of section 410(b), such plans shall be treated as one plan for purposes of this subsection. If a highly compensated employee participates in two or more plans of an employer to which contributions to which this subsection applies are made, all such contributions shall be aggregated for purposes of this subsection.
Multiple Plans. In the case of an eligible Highly Compensated Employee who participates in any other plan of the Employer and Affiliates (other than an employee stock ownership plan described in Code §§ 409(a) and 4975(e)(7)) to which Employer contributions are made on behalf of the eligible Highly Compensated Employee pursuant to a salary reduction agreement, all such Employer contributions, and if used to determine the deferral percentage of eligible employees, matching contributions (as defined in Code § 401(m)(4)(A)) which meet the requirements of Code §§ 401(k)(2)(B) and 401(k)(2)(C), shall be aggregated for purposes of determining the eligible Highly Compensated Employee’s deferral percentage; provided, however, that such Employer contributions made under an employee stock ownership plan shall not be aggregated.
Multiple Plans. In the case of an eligible Highly Compensated Employee who participates in any other plan of the Employer and Affiliates (other than an employee stock ownership plan described in Code §§ 409(a) and 4975(e)(7)) to which Employer matching contributions are made on behalf of the eligible Highly Compensated Employee, all such Employer matching contributions, and if used to determine the contribution percentage of eligible employees, Employer contributions made pursuant to a salary reduction agreement shall be aggregated for purposes of determining the eligible Highly Compensated Employee’s contribution percentage; provided, however, that such Employer contributions made under an employee stock ownership plan shall not be aggregated.
Multiple Plans. The minimum allocation provided above shall not apply to any Participant to the extent the Participant is covered under any other plan or plans of the Employer and the Employer has provided that the minimum allocation or benefit requirement applicable to Top Heavy plans will be 14535 32 05/01/07 met in the other plan or plans. In the case where the Employer has another plan or plans, it is intended that the minimum Top Heavy requirements will be met in this Plan.
Multiple Plans. If the Employer maintains another plan that permits elective contributions within the meaning of Treasury regulation 1.401(k)-1(g)(3), permits employee contributions, provides matching contributions within the meaning of Code section 401(m), or requires employee contributions as a condition of participating in the plan, and that plan covers at least one Highly Compensated Employee who is a Participant in this Plan, then the ADP for Highly Compensated Employees of all such plans shall be aggregated with the ADP of this Plan in applying the ADP Test of Section 2.7.2 and the ACP for Highly Compensated Employees of all such plans shall be aggregated with the ACP of this Plan in applying the ACP Test of Section 2.7.3. In the case of where two or more plans have separate plan years, all plan years ending within the same calendar year shall be aggregated. If the other plans of the Employer have the same plan year, and base the ADP and ACP for Non-Highly Compensated Employees on the same compensation period (current or prior year), then the ADP and ACP for the Highly Compensated Employees and the ADP and ACP for the Non-Highly Compensated Employees may be determined as if all plans were a single plan maintained by the Employer. If this Plan must be aggregated with another plan of the Employer, or if another plan of the Employer must be aggregated with this Plan, in order to satisfy the requirements of Code section 401(a) or 410(b), then this Plan and the other plan or plans must be aggregated when performing the ADP Test and ACP Test. In this case, the plans must have the same Plan Year and base the ADP and ACP for Non-Highly Compensated Employees on the same compensation. For the purposes of this Subsection, the definition of ACP below shall be modified to include any mandatory employee contributions to a defined benefit plan. Multiple use of the alternative limitation does not occur if either the ADP or the ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP, respectively, of the Non-Highly Compensated Employees.
Multiple Plans. The average deferral percentage for any Participant who is a highly compensated covered employee for the Plan Year with respect to two or more arrangements described in section 401(k) of the Internal Revenue Code, that are maintained by the Employer, shall be determined as if all such arrangements were a single arrangement. If a highly compensated covered employee participates in two or more such arrangements that have different Plan Years, all arrangements ending with or within the same calendar year shall be treated as a single arrangement. In the event that this Plan satisfies
Multiple Plans. For purposes of this Section 3.10, the contribution percentage for any highly compensated eligible employee who participates in two or more arrangements described in section 401(k) of the Internal Revenue Code that are maintained by the Employer, shall be determined as if the total of the amounts described in Section 3.10.1(c)(i) above was made under each such plan. If a highly compensated eligible employee participates in two or more such arrangements that have different plan years, all arrangements ending with or within the same calendar year shall be treated as a single arrangement. In the event that this Plan satisfies the requirements of section 401(m), 401(a)(4) or 410(b) of the Internal Revenue Code only if aggregated with one or more other plans, or if one or more other plans satisfy the requirements of such sections of the Internal Revenue Code only if aggregated with this Plan, then this Section 3.10 shall be applied by determining the contribution percentage of eligible employees as if all such plans were a single plan. For plan years beginning after December 31, 1989, plans may be aggregated in order to satisfy section 401(m) of the Internal Revenue Code only if they have the same Plan Year.
