ARTICLE XI TOP HEAVY PROVISIONS
Section 4: Minimum Benefit. A Non-Key Employee means an Employee who is not a Key Employee. In any Plan Year in which this Plan is Top-Heavy, in no event shall a Non-Key Employee who has been credited with one thousand (1,000) Hours of Service during the applicable Plan Year be less than two percent (2%) of the Participant's Final Average Compensation for each year of credited service during which the Plan was Top-Heavy, up to a maximum of ten (10) years. In the event an employer maintains more than one plan, the top-heavy minimums must be properly coordinated by a specified approach. If both defined contribution and defined benefit plans exist, the top-heavy minimums may be coordinated by providing a defined benefit minimum in the defined benefit plan, which is offset by the benefits provided under the defined contribution plan.
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