Exception for certain esops .—
Such term does not include an employee stock ownership plan if—
(I)#
there are no contributions to such plan (or earnings thereunder) which are held within such plan and are subject to subsection (k) or (m), and
(II)#
such plan is a separate plan for purposes of section 414( l ) with respect to any other defined benefit plan or defined contribution plan maintained by the same employer or employers.