Highly Compensated Participant definition

Highly Compensated Participant means any Highly Compensated Employee who is eligible to participate in the Plan.

Highly Compensated Participant means any Highly Compensated Employee who is eligible to participate in the component of the Plan being tested.

Highly Compensated Participant means, for the purposes of this Article and determining discrimination under Code Section 105(h), a participant who is:

Examples of Highly Compensated Participant in a sentence

• Forfeitures of Excess Aggregate Contributions shall be treated in accordance with Section 4.3. However, no such Forfeiture may be allocated to a Highly Compensated Participant whose contributions are reduced pursuant to this Section.

• For purposes of this Section and Section 12.5, a Highly Compensated Participant and a Nonhighly Compensated Participant shall include any Employee eligible to make salary deferrals pursuant to Section 12.2 for the Plan Year.

• In determining the amount of Excess Contributions to be distributed and/or recharacterized with respect to an affected Highly Compensated Participant as determined herein, such amount shall be reduced by any Excess Deferrals previously distributed to such affected Highly Compensated Participant for the Participant's taxable year ending with or within such Plan Year.

• The "gateway contribution" will be allocated pro rata on the basis of Compensation (as defined in (iii) or (iv) below, whichever is applicable) of each eligible Participant (as described in Subsection (i) above) but in no event will an allocation of the "gateway contribution" exceed the lesser of: (A) five percent (5%) of Compensation or (B) one-third (1/3) of the highest allocation rate for any Highly Compensated Participant for the Plan Year.

• For purposes of this Section, a Highly Compensated Participant and a Nonhighly Compensated Participant shall include any Employee eligible make after-tax voluntary Employee contributions pursuant to Section 4.4 (whether or not after-tax voluntary Employee contributions are made) allocated to the Participant's account for the Plan Year.

More Definitions of Highly Compensated Participant

Highly Compensated Participant means, for a particular Plan Year, a Participant who meets the definition of a Highly Compensated Employee in effect for that Plan Year.

Highly Compensated Participant means a Participant who is a Highly Compensated Employee.

Highly Compensated Participant means for any Plan Year any Participant who is a Highly Compensated Employee. A Participant is a Highly Compensated Employee for a particular Plan Year if he or she meets the definition of a Highly Compensated Employee in effect for that Plan Year. Similarly, a Participant is not a Highly Compensated Employee for a particular Plan Year if he or she does not meet the definition of a Highly Compensated Employee in effect for that Plan Year.

Highly Compensated Participant means a Participant who is an officer, a 5% or more shareholder, employee who is highly compensated and spouse or Dependent of any such Participant.

Highly Compensated Participant means an Eligible Employee who (a) during the current Plan Year or the preceding Plan Year was at any time a five-percent owner of the Company, or (b) during the preceding Plan Year received compensation (as defined in section 5.3(e)) from the Company and its Affiliates in excess of $80,000 (or such greater amount provided by the Secretary of the Treasury pursuant to section 414(q) of the Code) and was in the top paid group of Employees for such Plan Year. The provisions of section 414(q) of the Code shall apply in determining whether an Eligible Employee is a Highly Compensated Participant. An Eligible Employee will be in the top paid group of Employees for a Plan Year if such Eligible Employee is in the top twenty percent (20%) of Employees when ranked on the basis of compensation (as defined in section 5.3(e)) paid during such Plan Year.

Highly Compensated Participant means:

Highly Compensated Participant means, for Plan Years beginning prior to January 1, 1997, a Participant who, during the current Plan Year or the preceding Plan Year, (a) was at any time a five percent (5%) owner of the Company, (b) received Compensation from the Company in excess of $75,000 (or such greater amount provided by the Secretary of the Treasury pursuant to Section 414(q) of the Code), (c) received Compensation from the Company in excess of $50,000 (or such greater amount provided by the Secretary of the Treasury pursuant to Section 414(q) of the Code) and was in the top-paid group of Employees for such Year, or (d) was at any time an officer of the Company and received Compensation from the Company greater than 150% of the amount in effect under Section 415(c)(1)(A) of the Code for such Plan Year. For Plan Years beginning after December 31, 1996, "Highly Compensated Participant" means a Participant who, during the current Plan Year or the preceding Plan Year, (a) was at any time a five percent (5%) owner of the Company, or, (b) for the preceding year, received Compensation from the Company in excess of $80,000 (or such greater amount provided by the Secretary of the Treasury pursuant to Section 414(q) of the Code) and, if elected by the Company, was in the top-paid group of Participants for such preceding year. The provisions of Section 414(q) of the Code and the regulations thereunder shall apply in determining whether a Participant is a Highly Compensated Participant.