A key employee as defined in the qualified plan top-heavy rules. Under those rules, a key employee is an employee who, at any time during the plan year, is (i) an officer of the employer with an annual compensation greater than $185,000, (ii) a 5% owner of the employer, or (iii) a 1% owner of the employer with an annual compensation from the employer of more than $150,000. For purposes of clause (i), no more than 50 employees (or, if lesser, the greater of 3 or 10% of all employees) shall be treated as officers. Whether a person is an officer will be determined based upon the facts and circumstances, a person with the duties and authority of an officer will be treated as an officer, even if he or she does not have that authority title, and persons of like positions in organizations other than a corporation will be treated as officer for this purpose. Section 409A Treasury regulations specify use of the general definition of compensation under Section 415, disregarding special timing rules and other elections.