Top Heavy Rules and Definitions Sample Clauses

Top Heavy Rules and Definitions. (a) The determination of whether the Plan is a Top Heavy Plan shall be made after aggregating all other plans of all Affiliated Employers which may be aggregated at the discretion of the Plan Administrator pursuant to Section 416(g)(2)(A)(ii) of the Code if such permissive Aggregation Group thereby eliminates the top heavy status of any plan within such permissive Aggregation Group.
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