Common use of Top-Heavy Plan Clause in Contracts

Top-Heavy Plan. For any Plan Year beginning after December 31, 1983, this Plan is Top-Heavy if any of the following conditions exists: (a) If the Top-Heavy Ratio for this Plan exceeds 60 percent and this Plan is not part of any required aggregation group or permissive aggregation group of plans. (b) If this Plan is a part of a required aggregation group of plans but not part of a permissive aggregation group and the Top-Heavy Ratio for the group of plans exceeds 60 percent. (c) If this Plan is a part of a required aggregation group and part of a permissive aggregation group of plans and the Top-Heavy Ratio for the group of plans and the Top-Heavy Ratio for the permissive aggregation group exceeds 60 percent.

Appears in 3 contracts

Sources: Individual 401(k) Plan Purchase Agreement, Employer Sponsored Plan Account Agreement, Employer Sponsored Plan Account Agreement

Top-Heavy Plan. For any Plan Year beginning after December 31, 1983, this Plan is Top-Top Heavy if any of the following conditions existsexist: (ai) If the Top-Top Heavy Ratio for this Plan exceeds 60 percent 60% and this Plan is not part of any required aggregation group Required Aggregation Group or permissive aggregation group Permissive Aggregation Group of plans. (bii) If this Plan is a part of a required aggregation group Required Aggregation Group of plans but not part of a permissive aggregation group Permissive Aggregation Group and the Top-Top Heavy Ratio for the group of plans exceeds 60 percent60%. (ciii) If this Plan is a part of a required aggregation group Required Aggregation Group and part of a permissive aggregation group Permissive Aggregation Group of plans and the Top-Top Heavy Ratio for the group of plans and the Top-Heavy Ratio for the permissive aggregation group Permissive Aggregation Group exceeds 60 percent60%.

Appears in 1 contract

Sources: 401(k) Adoption Agreement (Garmin LTD)

Top-Heavy Plan. For any Plan Year beginning after December 31, 1983, this Plan is Top-Top Heavy if any of the following conditions existsexist: (ai) If the Top-Top Heavy Ratio for this Plan exceeds 60 percent 60% and this Plan is not part pan of any required aggregation group or permissive aggregation group of plans. (bii) If this Plan is a part pan of a required aggregation group of plans but not part of a permissive aggregation group and the Top-Top Heavy Ratio for the group of plans exceeds 60 percent60%. (ciii) If this Plan is a part of a required aggregation group and part of a permissive aggregation group of plans and the Top-Heavy Ratio for the group of plans and the Top-Top Heavy Ratio for the permissive aggregation group exceeds 60 percent60%.

Appears in 1 contract

Sources: 401(k) Retirement Plan Adoption Agreement (WHX Corp)