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 for investment purposes only.
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. Except to the extent limited by rules promulgated by the Secretary of the Treasury, if a Highly Compensated Eligible Participant is a participant in any other plan of the Plan Sponsor or any Affiliate which includes Matching Contributions, deferrals under a cash or deferred arrangement pursuant to Code Section 401(k), or nondeductible employee contributions, any contributions made by or on behalf of the Participant to the other plan shall be allocated with the same class of contributions under the Plan for purposes of determining the Actual Deferral Percentage and Actual Contribution Percentage under the Plan; provided, however, contributions that are made under an "employee stock ownership plan" (within the meaning of Code Section 4975(e)(7)) shall not be combined with contributions under any plan which is not an employee stock ownership plan (within the meaning of Code Section 4975(e)(7)). Except to the extent limited by rules promulgated by the Secretary of the Treasury, if the Plan and any other plans which include Matching Contributions, deferrals under a cash or deferred arrangement pursuant to Code Section 401(k), or nondeductible employee contributions are considered as one plan for purposes of Code Section 401(a)(4) and 410(b)(1), any contributions under the other plans shall be allocated with the same class of contributions under the Plan for purposes of determining the Actual Contribution Percentage and Actual Deferral Percentage under the Plan; provided, however, contributions that are made under an "employee stock ownership plan" (within the meaning of Code Section 4975(e)(7)) shall not be combined with contributions under any plan which is not an employee stock ownership plan (within the meaning of Code Section 4975(e)(7)).
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. (Use this item to specify which plan will provide the minimum contribution or benefit for participants who are covered under this Plan and any other plan or plans of the Employer. If selected, the Employer must provide wording on the attached page(s).) The method described on the attached page(s) shall be used to meet the minimum contribution and benefit requirements in Plan Years when this is a Top-heavy Plan, in a manner that precludes Employer discretion. T. VOLUNTARY CONTRIBUTIONS, ROLLOVER CONTRIBUTIONS, AND IN-PLAN XXXX ROLLOVERS. 1) VOLUNTARY CONTRIBUTIONS are not permitted, unless otherwise specified in (a) below. a) (If selected, the Plan is subject to an ACP Test even if the Plan satisfies the ACP Test Safe Harbor.) Voluntary Contributions are permitted. (Select any that apply.) i) % of Compensation is the minimum Voluntary Contribution. (Must be more than 0% and less than 50%.) ii) % of Compensation is the maximum Voluntary Contribution. (Must be more than 0% and less than 100%.) This maximum applies to all Employees, unless otherwise specified in A below. A) The maximum amount of Voluntary Contributions shall apply to Highly Compensated Employees only. iii) % of Compensation is the maximum sum of Elective Deferral Contributions and Voluntary Contributions. (Must be more than 0% and less than 100%.) 2) ROLLOVER CONTRIBUTIONS may be made by an Eligible Employee or Inactive Participant and may be accepted from all qualified sources described in Plan Section 3.03, unless otherwise specified in (a), (b), or (e) below. If the Plan allows loans in Item U(3)(a), a Rollover Contribution may include a direct rollover of an outstanding loan balance that is not in default, in accordance with nondiscriminatory procedures set up by the Loan Administrator as described in Plan Section 3.03, unless otherwise specified in (c) or (d) below. a) Rollover Contributions shall be limited to the qualified sources selected below.
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. With the consent of the Trustee, the Sponsor may direct that the assets of two or more qualified plans maintained by the Sponsor and Affiliated Employers be maintained as one Trust and their assets be commingled.
