For Non. Key Employees also participating in the defined benefit plan, the top-heavy minimum is: (CHOOSE (1) OR (2)) [ ] (1) 5% of Compensation (AS DETERMINED UNDER SECTION 18.04 OF THE PLAN) irrespective of the contribution rate of any Key Employee, except: (CHOOSE (i) OR (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7-1/2%" for "5%" if the Top-Heavy Ratio does not exceed 90%. [ ] (2) 0%. [NOTE: The Employer may not select this Option (2) unless the defined benefit plan satisfies the top-heavy minimum benefit requirements of Code Section 416 for these Non-Key Employees.]
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For Non. Key Employees also participating in the defined benefit plan, the top-top heavy minimum is: (CHOOSE Choose (1) OR or (2)) [ ] (1) 5% of Compensation (AS DETERMINED UNDER SECTION 18.04 OF THE PLANas determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (CHOOSE Choose (i) OR or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7-7 1/2%" for "5%" if the Top-Heavy Ratio top heavy ratio does not exceed 90%. [ ] (2) 0%. [NOTENote: The Employer may not select this Option (2) unless the defined benefit plan satisfies the top-top heavy minimum benefit requirements of Code Section 416 for these Non-Key Employees.]
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For Non. Key Employees also participating in the defined benefit plan, the top-top heavy minimum is: (CHOOSE Choose (1) OR or (2)) [ ] (1) 5% of Compensation (AS DETERMINED UNDER SECTION 18.04 OF THE PLANas determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (CHOOSE Choose (i) OR or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7-1/271/2%" for "5%" if the Top-Heavy Ratio top heavy ratio does not exceed 90%. [ ] (2) 0%. [NOTENote: The Employer may not select this Option (2) unless the defined benefit plan satisfies the top-top heavy minimum benefit requirements of Code Section 416 for these Non-Key Employees.. ]
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Samples: Participation Agreement (Team Inc)
For Non. Key Employees also participating in the defined benefit plan, the top-top heavy minimum is: (CHOOSE Choose (1) OR or (2)) [ ] (1) 5% of Compensation (AS DETERMINED UNDER SECTION 18.04 OF THE PLANas determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (CHOOSE Choose (i) OR or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7-7 1/2%" for "5%" if the Top-Heavy Ratio top heavy ratio does not exceed 90%. [ ] (2) 0%. [NOTENote: The Employer may not select this Option (2) unless the defined benefit plan satisfies the top-top heavy minimum benefit requirements of Code Section 416 SS416 for these Non-Key Employees.]
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Samples: Adoption Agreement (Pluma Inc)
For Non. Key Employees also participating in the defined benefit plan, the top-heavy minimum is: (CHOOSE Choose (1) OR or (2)) [ ] (1) 5% of Compensation (AS DETERMINED UNDER SECTION 18.04 OF THE PLANas determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (CHOOSE Choose (i) OR or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7-7 1/2%" for "5%" if the Toptop-Heavy Ratio heavy ratio does not exceed 90%. [ ] (2) 0%. [NOTENote: The Employer may not select this Option (2) unless the defined benefit plan satisfies the top-top heavy minimum benefit requirements of Code Section 416 for these Non-Key Employees.]
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Samples: Universal Compression Holdings Inc
For Non. Key Employees also participating in the defined benefit plan, the top-top heavy minimum is: (CHOOSE Choose (1) OR or (2)) [ ] (1) 5% of Compensation (AS DETERMINED UNDER SECTION 18.04 OF THE PLANas determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (CHOOSE Choose (i) OR or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7-1/2%" for "5%" if the Top-Heavy Ratio top heavy ratio does not exceed 90%. [ ] (2) 0%. [NOTENote: The Employer may not select this Option (2) unless the defined benefit plan satisfies the top-top heavy minimum benefit requirements of Code Section 416 for these Non-Key Employees.]
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For Non. Key Employees also participating in the defined benefit plan, the top-top heavy minimum is: (CHOOSE Choose (1) OR or (2)) [ ] (1) 5% of Compensation (AS DETERMINED UNDER SECTION 18.04 OF THE PLANas determined under Section 3.04(B) or the Plan) irrespective of the contribution rate of any Key Employee, except: (CHOOSE Choose (i) OR or (ii)) [ ] (i) No exceptions. [ ] (ii) Substituting "7-1/271/2%" for "5%" if the Top-Heavy Ratio top heavy ratio does not exceed 90%. [ ] (2) 0%. [NOTENote: The Employer may not select this Option (2) unless the defined benefit plan satisfies the top-top heavy minimum benefit requirements of Code Section 416 for these Non-Key Employees.]
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