Highly Compensated Active Employee definition

Highly Compensated Active Employee means any Employee who performs services for an Employer or Affiliate during the Determination Year and who:
Highly Compensated Active Employee means any Participant who performed service for the Company during the Determination Year and who:
Highly Compensated Active Employee means, with respect to a Determination Year, an Employee who is an Active Employee during the Determination Year and who either:

Examples of Highly Compensated Active Employee in a sentence

  • Highly Compensated Employee means any individual who is a Highly Compensated Active Employee or a Highly Compensated Former Employee within the meaning of Code Section 414(q) and the regulations thereunder.

  • An Employee who is a Highly Compensated Active Employee or a Highly Compensated Former Employee.

  • A Highly Compensated Former Employee for a Determination Year is any former Employee who separated from Service prior to such Determination Year and was a Highly Compensated Active Employee for either the year in which such Employee separated from Service or any Determination Year ending on or after such Employee's 55th birthday.

  • The term Highly Compensated Employee means any Highly Compensated Active Employee or Highly Compensated Former Employee as further defined herein.

  • A Highly Compensated Active Employee is any Employee who performs Service with the Employer during the Determination Year and is described in either the Look-back Year Group or the Determination Year Group or both such groups.


More Definitions of Highly Compensated Active Employee

Highly Compensated Active Employee means an Employee described in Code Section 414(q) and the regulations thereunder, who performs services for the Company or an Affiliated Company during the Plan Year and is in one or more of the following groups:
Highly Compensated Active Employee means any Employee who performs services for the Employer or any Affiliate during the "determination year" and who, during the "look-back year": (A) received compensation from the Employer or any Affiliate in excess of $75,000 (as adjusted pursuant to Code section 415(d)); (B) received compensation from the Employer or any Affiliate in excess of $50,000 (as adjusted pursuant to Code section 415(d)) and was a member of the "top-paid group" for such year; or (C) was an officer of the Employer or any Affiliate and received compensation during such year that is greater than 50% of the dollar limitation in effect under Code section 415(b)(1)(A). The term "highly compensated employee" shall also include: (I) an Employee who is both described in the preceding sentence if the term "determination year" is substituted for the term "look-back year" and is one of the 100 Employees who received the most compensation from the Employer or any Affiliate during the determination year; and (II) an Employee who is a 5% owner at any time during the look-back year or determination year. If no officer has satisfied the compensation requirement of clause (C) above during either a determination year or look-back year, the highest paid officer for each such year shall be treated as a Highly Compensated Employee.
Highly Compensated Active Employee means any Employee who (a) was a 5% owner (as defined in Code section 416(i)(1)) during the calendar year or the preceding calendar year or (b) for the preceding calendar year had compensation (within the meaning of Code section 414(q) as in effect for the year of determination) from the Participating Company or an Affiliated Group member in excess of $80,000, as adjusted by the Secretary of the Treasury or a delegate thereof in accordance with Code section 414(q), and was in the Top Paid Group of Employees for such preceding calendar year. For purposes of the definition of “Highly Compensated Active Employee,” Employee shall not include a non-resident alien who receives no earned income from sources within the United States.
Highly Compensated Active Employee means any employee who performs service for the Employer during the Determination Year and who:
Highly Compensated Active Employee means any Employee who performs service for the Employer or any Affiliated Company during the determination year and who, during the look-back year:
Highly Compensated Active Employee means for Plan Years beginning ---------------------------------- before December 31, 1996, a "Highly Compensated Active Employee" as defined under the Plan as in effect for such Plan Year. For Plan Years beginning after December 31, 1996 and on or prior to December 31, 1999, "Highly Compensated Active Employee" shall mean any Employee who (i) was a 5% owner (as defined in Code section 416(i)(1)) during the Plan Year or the preceding Plan Year or (ii) for the preceding Plan Year had compensation (within the meaning of Code section 414(q) as in effect for the Plan Year of determination) from the Company or an Affiliated Group member in excess of $80,000, as adjusted by the Secretary of the Treasury or a delegate thereof in accordance with Code section 414(q). For Plan Years beginning after December 31, 1999, a "Highly Compensated Active Employee" shall mean any Employee who (i) was a 5% owner (as defined in Code section 416(i)(1)) during the Plan Year or the preceding Plan Year or (ii) for the preceding Plan Year had compensation (within the meaning of Code section 414(q) as in effect for the Plan Year of determination) from the Employer or an Affiliated Group member in excess of $80,000, as adjusted by the Secretary of the Treasury or a delegate thereof in accordance with Code section 414(q), and was in the Top Paid Group of Employees for such preceding Plan Year. Notwithstanding anything contained herein to the contrary, solely for the purpose of determining the Employees who are Highly Compensated Active Employees for the 1997 Plan Year, the definition of Highly Compensated Active Employee in effect for the 1997 Plan Year will be treated as having been in effect for the 1996 Plan Year. For purposes of the definition of "Highly Compensated Active Employee," Employee shall not include a non-resident alien who receives no earned income from sources within the United States."
Highly Compensated Active Employee means any Employee who performs service for an Employer during the Determination Year and who, during the Look-Back Year either: (i) received Compensation from an Employer in excess of $75,000 (indexed at the same time and in the same manner as the dollar limit in Section 415(d) of the Code is indexed); (ii) received Compensation from an Employer in excess of $50,000 (indexed at the same time and in the same manner as the dollar limit in Section 415(d) of the Code is indexed) and was a member of the "top-paid group" for such year; or (iii) was an officer of an Employer and received Compensation during such year greater than 50% of the dollar limitation in effect under Section 415(b)(1)(A) of the Code; provided, however, that if no officer received Compensation in excess of 50% of the dollar limit in effect under Section 415(b)(1)(A) of the Code, the highest paid officer for such year shall be treated as a Highly Compensated Employee. The term Highly Compensated Active Employee also includes: (i) an Employee who is both described in the preceding sentence if the term "Determination Year" is substituted for the term "Look-Back Year" and the Employee is one of the 100 Employees who received the most Compensation from an Employer during the Determination Year, and (ii) an Employee who is a 5% owner at any time during the Look-Back Year or Determination Year. An Employee shall be considered to be in the "top-paid group" for any Determination Year or Look-Back Year if the Employee is in the group consisting of the top 20% of Employees when ranked on the basis of Compensation paid during such year.