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26 CFR §1.401(a)(26)-8

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov
In applying this section and §§ 1.401(a)(26)-1 through 1.401(a)(26)-9 the definitions in this section govern unless otherwise provided. Collective bargaining agreement. Collective bargaining agreement means an agreement that the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and the employer that satisfies § 301.7701-17T. Employees described in section 413(b)(8) who are employees of the union or the plan and are treated as employees of an employer are not employees covered pursuant to a collective bargaining agreement for purposes of section 401(a)(26) unless the employees are actually covered pursuant to such an agreement. Collectively bargained employee. Collectively bargained employee means a collectively bargained employee within the meaning of § 1.410(b)-6(d)(2). Covered by a collective bargaining agreement. Covered by a collective bargaining agreement means covered by a collective bargaining agreement within the meaning of § 1.410(b)-6(d)(2)(iii). Defined benefit plan. Defined benefit plan means a defined benefit plan within the meaning of § 1.410(b)-9. Defined contribution plan. Defined contribution plan means a defined contribution plan within the meaning of § 1.410(b)-9. Employee. Employee means an employee, within the meaning of § 1.410(b)-9. Employer. Employer means the employer within the meaning of § 1.410(b)-9. ESOP. ESOP means an employee stock ownership plan within the meaning of section 4975(e)(7) or a tax credit employee stock ownership plan within the meaning of section 409(a). Former employee. Former employee means a former employee within the meaning of § 1.410(b)-9. Highly compensated employee. Highly compensated employee means an employee who is highly compensated within the meaning of section 414(q). Highly compensated former employee. Highly compensated former employee means a former employee who is highly compensated within the meaning of section 414(q)(9). Multiemployer plan. Multiemployer plan means a multiemployer plan within the meaning of section 414(f). Noncollectively bargained employee. Noncollectively bargained employee means an employee who is not a collectively bargained employee. Nonhighly compensated employee. Nonhighly compensated employee means an employee who is not a highly compensated employee. Nonhighly compensated former employee. Nonhighly compensated former employee means a former employee who is not a highly compensated former employee. Plan. Plan means plan as defined in § 1.401(a)(26)-2(c). Plan year. Plan year means the plan year of the plan as defined in the written plan document. In the absence of a specifically designated plan year, the plan year is deemed to be the calendar year. Professional employee. Professional employee means a professional employee as defined in § 1.410(b)-9. Section 401(k) plan. Section 401(k) plan means a plan consisting of elective contributions described in § 1.401(k)-1 (g)(3) under a qualified cash or deferred arrangement described in § 1.401(k)-1(a)(4)(i). Section 401(m) plan. Section 401(m) plan means a plan consisting of employee contributions described in § 1.401(m)-1(f)(6) or matching contributions described in § 1.401(m)-1(f)(12), or both.