SUSPENSION OF ACCRUAL REQUIREMENTS. The suspension of accrual requirements of Section 3.06(E) of the Plan: (Choose (g), (h) or (i))
SUSPENSION OF ACCRUAL REQUIREMENTS. The suspension of accrual requirements of Section 3.06(E) of the Plan: (Choose (g), (h) or (i)) [X] (g) Applies to the Employer's Plan. [ ] (h) Does not apply to the Employer's Plan. [ ] (i) Applies in modified form to the Employer's Plan, as described in an addendum to this Adoption Agreement, numbered Section 3.06(E).
SUSPENSION OF ACCRUAL REQUIREMENTS. This section allows you to suspend some or all of the accrual requirements found in Section 3.06(E) of the plan for participants to receive allocations. This would apply in plan years when a plan may not satisfy coverage and participation requirements. For administrative convenience choose option (g).
SUSPENSION OF ACCRUAL REQUIREMENTS. The suspension of accrual requirements of Section 3.06(E) of the Plan: (Choose (g), (h) or (i)) [X] (g) Applies to the Employer's Plan. [ ] (h) Does not apply to the Employer's Plan. [ ] (i) Applies in modified form to the Employer's Plan, as described in an addendum to this Adoption Agreement, numbered Section 3.06(E). Special accrual requirements for matching contributions. If the Plan allocates matching contributions on two or more allocation dates for a Plan Year, the Advisory Committee, unless otherwise specified in Option (l), will apply any Hours of Service condition by dividing the required Hours of Service on a prorata basis to the allocation periods included in that Plan Year. Furthermore, a Participant who satisfies the conditions described in this Adoption Agreement Section 3.06 will receive an allocation of matching contributions (and forfeitures treated as matching contributions) only if the Participant satisfies the following additional condition(s): (Choose (j) or at least one of (k) or (l))
SUSPENSION OF ACCRUAL REQUIREMENTS. The Plan suspends the accrual requirements under Sections 3.06(B) and (C) if the Plan fails to satisfy the Coverage Test. A Plan satisfies the Coverage Test if for the Plan Year, the number of Nonhighly Compensated Employees who benefit under the Plan is at least equal to 70% of the total number of Includible Nonhighly Compensated Employees as of such day. "Includible" Employees are all Employees other than: (1) those Employees excluded from participating in the Plan for the entire Plan Year by reason of the collective bargaining unit exclusion or the nonresident alien exclusion described in the Code or by reason of the age and service requirements of Article II; and (2) any Employee who incurs a Separation from Service during the Plan Year and fails to complete at least 501 Hours of Service for the Plan Year. A "Nonhighly Compensated Employee" is an Employee who is not a Highly Compensated Employee. For purposes of the Coverage Test, an Employee is benefiting under the Plan for a Plan Year if, under Section 3.04, he is entitled to an allocation for the Plan Year. If this Section 3.06(D) applies for a Plan Year, the Advisory Committee will suspend the accrual requirements for the Includible Employees who are Participants, beginning first with the Includible Employee(s) employed with the Employer on the last day of the Plan Year, then the Includible Employee(s) who have the latest Separation from Service during the Plan Year, and continuing to suspend the accrual requirements for each Includible Employee who incurred an earlier Separation from Service, from the latest to the earliest Separation from Service date, until the Plan satisfies the Coverage Test for the Plan Year. If two or more Includible Employees have a Separation from Service on the same day, the Advisory Committee will suspend the accrual requirements for all such Includible Employees, irrespective of whether the Plan can satisfy the Coverage Test by accruing benefits for fewer than all such Includible Employees. If the Plan suspends the accrual requirements for an Includible Employee, that Employee will share in the allocation of Employer contributions and Participant forfeitures, if any, without regard to the number of Hours of Service he has earned for the Plan Year and without regard to whether he is employed by the Employer on the last day of the Plan Year.
SUSPENSION OF ACCRUAL REQUIREMENTS. The suspension of accrual requirements of Section 3.06(E) of the Plan: (Choose (g), (h) or (i)) [X ] (g) Applies to the Employer's Plan. [ ] (h) Does not apply to the Employer's Plan. [ ] (i) Applies in modified form to the Employer's Plan, as described in an addendum to this Adoption Agreement, numbered Section 3.06(E). Special accrual requirements for matching contributions. If the Plan allocates matching contributions on two or more allocation dates for a Plan Year, the Advisory Committee, unless otherwise specified in Option (l), will apply any Hours of Service condition by dividing the required Hours of Service on a prorata basis to the allocation periods included in that Plan Year. Furthermore, a Participant who satisfies the conditions described in this Adoption Agreement Section 3.06 will receive an allocation of matching contributions (and forfeitures treated as matching contributions) only if the Participant satisfies the following additional condition(s): (Choose (j) or at least one of (k) or (l)) [X ] (j) No additional conditions. [ ] (k) The Participant is not a Highly Compensated Employee for the Plan Year. This Option (k) applies to: (Choose (1) or (2)) [ ] (1) All matching contributions. [ ] (2) Matching contributions described in Option(s) __________ of Adoption Agreement Section 3.01. [ ] (l) (Specify) . 3.15
SUSPENSION OF ACCRUAL REQUIREMENTS. Reserved. Part 2.
SUSPENSION OF ACCRUAL REQUIREMENTS. The Advisory Committee will apply Section 3.06(E) of the Plan by using the substitute language described in paragraphs 1 and 2 below: 105 1) In lieu of the Coverage Test definition in the first paragraph of Section 3.06(E), the Plan satisfies the Coverage Test if the ratio of the Nonhighly Compensated Employees who benefit under the Plan to the total number of Includible Nonhighly Compensated Employees is at least equal to 70% of the ratio of the Highly Compensated Employees who benefit under the Plan to the total number of Includible Highly Compensated Employees. The annual testing method will be used. Under this method the Plan, as of the last day of the Plan Year, must take into account all Includible Employees employed at any time during the Plan Year.
SUSPENSION OF ACCRUAL REQUIREMENTS. The suspension of accrual requirements of Section 3.06(E) of the Plan applies to the Employer's Plan, subject to any modifications stated in an addendum. [Note: If the Employer does not elect Option (h), Section 3.06(E) of the Plan does not apply.] Unless otherwise specified in (g), the Advisory Committee will allocate qualified nonelective contributions only to Participants who are Nonhighly Compensated Employees for the Plan Year.
SUSPENSION OF ACCRUAL REQUIREMENTS. The Plan suspends the accrual requirements under Sections 3.06(D) and (E) if, for any Plan Year beginning after December 31, 1993, the Plan fails to satisfy the Participation Test or the Coverage Test. A Plan satisfies the Participation Test if, on each day of the Plan Year, the Number of Employees who benefit under the Plan is at least equal to the lesser of 50 or 40% of the total number of Includible Employees as of such day. A Plan satisfies the Coverage Test if, on the last day of each quarter of the Plan Year, the Plan satisfies the average benefit test of Code (S)410(b)(l)(C). The Plan satisfies the average benefit test of Code (S)410(b)(l)(C) if: (1) the Plan benefits Employees who qualify under a classification of Employees established by the Employer which is nondiscriminatory under applicable Treasury regulations and rulings; and (2) the average benefit percentage of the Nonhighly Compensated Includible Employees is at least 70% of the average benefit percentage of the Highly Compensated Includible Employees, treating family members aggregated under Section 1.09 of the Plan as one Highly Compensated Employee. An Employee's benefiting percentage is the Employee's Employer-provided contributions under all qualified plans maintained by the Employer divided by the Employee's Compensation.
