[Code of Federal Regulations] [Title 26, Volume 5] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 26CFR1.401(a)(26)-8] [Page 264] TITLE 26--INTERNAL REVENUE CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) PART 1_INCOME TAXES--Table of Contents Sec. 1.401(a)(26)-8 Definitions. In applying this section and Sec. Sec. 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 Sec. 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 Sec. 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 Sec. 1.410(b)-6(d)(2)(iii). Defined benefit plan. Defined benefit plan means a defined benefit plan within the meaning of Sec. 1.410(b)-9. Defined contribution plan. Defined contribution plan means a defined contribution plan within the meaning of Sec. 1.410(b)-9. Employee. Employee means an employee, within the meaning of Sec. 1.410(b)-9. Employer. Employer means the employer within the meaning of Sec. 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 Sec. 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 Sec. 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 Sec. 1.410(b)-9. Section 401(k) plan. Section 401(k) plan means a plan consisting of elective contributions described in Sec. 1.401(k)-1 (g)(3) under a qualified cash or deferred arrangement described in Sec. 1.401(k)- 1(a)(4)(i). Section 401(m) plan. Section 401(m) plan means a plan consisting of employee contributions described in Sec. 1.401(m)-1(f)(6) or matching contributions described in Sec. 1.401(m)-1(f)(12), or both. [T.D. 8375, 56 FR 63418, Dec. 4, 1991] [[Page 265]]