Other requirements.—
(A) Plans benefiting owner-employees .—
(A)Plans benefiting owner-employees .—#
In the case of any plan which provides contributions or benefits for employees some or all of whom are owner-employees (as defined in subsection (c)(3)), a trust forming part of such plan shall constitute a qualified trust under this section only if the requirements of subsection (d) are also met.
(B)Top-heavy plans.—#
(i) In general .— In the case of any top-heavy plan, a trust forming part of such plan shall constitute a qualified trust under this section only if the requirements of section 416 are met.
(ii) Plans which may become top-heavy .— Except to the extent provided in regulations, a trust forming part of a plan (whether or not a top-heavy plan) shall constitute a qualified trust under this section only if such plan contains provisions— (I) which will take effect if such plan becomes a top-heavy plan, and (II) which meet the requirements of section 416.
(iii) Exemption for governmental plans .— This subparagraph shall not apply to any governmental plan.
(B)(i)In general .—#
In the case of any top-heavy plan, a trust forming part of such plan shall constitute a qualified trust under this section only if the requirements of section 416 are met.
(B)(ii)Plans which may become top-heavy .—#
Except to the extent provided in regulations, a trust forming part of a plan (whether or not a top-heavy plan) shall constitute a qualified trust under this section only if such plan contains provisions—
(I) which will take effect if such plan becomes a top-heavy plan, and
(II) which meet the requirements of section 416.