TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 15 (check one):
TOP HEAVY STATUS. ( ) The provisions of Article XIII of the Plan shall always apply.
TOP HEAVY STATUS. (a) THE PLAN SHALL BE SUBJECT TO THE TOP-HEAVY PLAN REQUIREMENTS OF ARTICLE 9 (check one):
TOP HEAVY STATUS. (a) The Plan shall be deemed to be top-heavy for a Plan Year if, as of the Determination Date for such Plan Year, (1) the sum of Account Balances of Members who are Key Employees exceeds 60% of the sum of Account Balances of all Members unless an Aggregation Group including the Plan is not top-heavy or (2) an Aggregation Group including the Plan is top-heavy. An Aggregation Group shall be deemed to be top-heavy as of a Determination Date if the sum (computed in accordance with section 416(g)(2)(B) of the Code and the Treasury regulations promulgated thereunder) of (1) the Account Balances of Key Employees under all defined contribution plans included in the Aggregation Group and (2)
TOP HEAVY STATUS. The Plan shall be deemed to be top-heavy if, as of any Determination Date, (i) the sum (computed in accordance with Section 416(g) of the Code and the regulations promulgated thereunder) of the Account Balances of Key Employees under the Plan exceeds sixty percent (60%) of the sum of the Account Balances of all individuals (excluding Former Key Employees and individuals who have not performed any services for the Company or an Affiliated Company at any time during the five-year period ending on the Determination Date) under the Plan unless an Aggregation Group including the Plan is not top-heavy or (ii) an Aggregation Group including the Plan is top-heavy. An Aggregation Group shall be deemed to be top-heavy as of a Determination Date if the sum (computed in accordance with Section 416(g)(2)(B) of the Code and the regulations promulgated thereunder) of the Account Balances of the Key Employees under all defined contribution plans included in the Aggregation Group and the Accrued Benefit of all Key Employees under all defined benefit plans included in the Aggregation Group exceeds sixty percent (60%) of the sum of the Account Balances and the Accrued Benefit of all individuals (excluding the Account Balances and the Accrued Benefit of former Key Employees and individuals who have not performed any services for the Company or an Affiliated Company at any time during the five-year period ending on the Determination Date) under such plans. The foregoing determination shall be made by the Committee. The accrued benefits and accounts of any individual who has not performed services for the Company or an Affiliation during the one-year period ending on the Determination Date shall not be taken into account.
TOP HEAVY STATUS. (A) The Plan will be considered a top-heavy plan for the Plan Year if as of the last day of the preceding Plan Year, (I) the value of the sum of the Employer Accounts, Pre-Tax and After-Tax Accounts (but not including any allocations to be made as of such last day of the Plan Year except contributions actually made on or before that date and allocated) of Participants who are Key Employees (as defined in Section 416(i) of the Code) exceeds 60% of the value of the sum of Employer Accounts, Pre-Tax Accounts and After-Tax Accounts (but not including any allocations to be made as of such last day of the Plan Year except contributions actually made on or before that date and allocated) of all Participants (the “60% Test”) or (II) the Plan is part of a required aggregation group and the required aggregation is top- heavy. However, and notwithstanding the results of the 60% Test, the Plan shall not be considered a top-heavy plan for any Plan Year in which the Plan is a part of a required or permissive aggregation group which is not top-heavy.
TOP HEAVY STATUS. (a) The Plan shall be subject to the Top-Heavy Plan requirements of Article 9 (check one): (1) for each Plan Year. (2) x for each Plan Year, if any, for which the Plan is Top-Heavy as defined in Section 9.02. (3) Not applicable. (This option is available for plans covering only employees subject to a collective bargaining agreement and there are no Employer or Matching Contributions elected in Section 1.05.)
TOP HEAVY STATUS. The Plan shall be deemed to be top-heavy if, as ---------------- of any Determination Date, (i) the sum (computed in accordance with Section 416(g) of the Code and the regulations promulgated thereunder) of the Account Balances of Key Employees under the Plan exceeds sixty percent (60%) of the sum of the Account Balances of all individuals (excluding Former Key Employees and individuals who have not performed any services for the Company or an Affiliated Company at any time during the five-year period ending on the Determination Date) under the Plan unless an Aggregation Group including the Plan is not top-heavy or (ii) an Aggregation Group including the Plan is top-heavy. An Aggregation Group shall be deemed to be top-heavy as of a Determination Date if the sum (computed in accordance with Section 416(g)(2)(B) of the Code and the regulations promulgated thereunder) of the Account Balances of the Key Employees under all plans included in the Aggregation Group exceeds sixty percent (60%) of the sum of the Account Balances of all individuals (excluding former Key Employees and individuals who have not received any Compensation from the Company or an Affiliated Company at any time during the five year period ending on the Determination Date) under such plans.
TOP HEAVY STATUS. (a) The plan shall be subject to the Top-Heavy Plan requirements of Article 9 (check one):
