Common use of ACP Testing Election Clause in Contracts

ACP Testing Election. [ ] a. Current year data for all Participants was used. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ ] 3. 1999 Plan Year. [ ] 4. 2000 Plan Year. [ ] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year. [ ] b. Current year data for Participants who are Highly Compensated Employees will be used. The ACP for Participants who are Non-Highly Compensated Employees was assumed to be 3% or the actual ACP if greater. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ ] 3. 1999 Plan Year. [ ] 4. 2000 Plan Year. [ ] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year.

ACP Testing Election. [ ] a. Current year data for all Participants was will be used. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ ] 3. 1999 Plan Year. [ ] 4. 2000 Plan Year. [ ] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year. [ [X] b. Current Prior year data for Participants who are Highly Compensated Employees will be used. The ACP for Participants who are Non-Highly Compensated Employees was assumed to will be 3% or the actual ACP if greaterused. [ [X] 1. 1997 Plan Year. [ [X] 2. 1998 Plan Year. [ [X] 3. 1999 Plan Year. [ [X] 4. 2000 Plan Year. [ [X] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year.

ACP Testing Election. [ [x] a. Current year data for all Participants was used. [x] 1. 1997 Plan Year. [x] 2. 1998 Plan Year. [x] 3. 1999 Plan Year. [x] 4. 2000 Plan Year. [x] 5. 2001 Plan Year. [x] 6. 2002 Plan Year. [ ] b. Prior year data for Participants who are Non-Highly Compensated Employees was used. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ ] 3. 1999 Plan Year. [ ] 4. 2000 Plan Year. [ ] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year. [ ] b. Current year data for Participants who are Highly Compensated Employees will be used. The ACP for Participants who are Non-Highly Compensated Employees was assumed to be 3% or the actual ACP if greater. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ ] 3. 1999 Plan Year. [ ] 4. 2000 Plan Year. [ ] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year.

ACP Testing Election. [ ] ¨ a. Current year data for all Participants was used. [ ] ¨ 1. 1997 Plan Year. [ ] ¨ 2. 1998 Plan Year. [ ] ¨ 3. 1999 Plan Year. [ ] ¨ 4. 2000 Plan Year. [ ] ¨ 5. 2001 Plan Year. [ ] ¨ 6. 2002 Plan Year. [ ] ¨ b. Current year data for Participants who are Highly Compensated Employees will be used. The ACP for Participants who are Non-Highly Compensated Employees was assumed to be 3% or the actual ACP if greater. [ ] ¨ 1. 1997 Plan Year. [ ] ¨ 2. 1998 Plan Year. [ ] ¨ 3. 1999 Plan Year. [ ] ¨ 4. 2000 Plan Year. [ ] ¨ 5. 2001 Plan Year. [ ] ¨ 6. 2002 Plan Year.

ACP Testing Election. [ ] a. Current year data for all Participants was used. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ ] 3. 1999 Plan Year. [ ] 4. 2000 Plan Year. [ ] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year. [ [X] b. Current Prior year data for Participants who are Highly Compensated Employees will be used. The ACP for Participants who are Non-Highly Compensated Employees was assumed to be 3% or the actual ACP if greaterused. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ [X] 3. 1999 Plan Year. [ [X] 4. 2000 Plan Year. [ [X] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year.

ACP Testing Election. [ ] a. Current year data for all Participants was will be used. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ ] 3. 1999 Plan Year. [ ] 4. 2000 Plan Year. [ ] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year. [ ] b. Current year data for Participants who are Highly Compensated Employees HCE's will be used. The ACP for Participants who are Non-Highly Compensated Employees was is assumed to be 3% or the actual ACP if greater. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ ] 3. 1999 Plan Year. [ ] 4. 2000 Plan Year. [ ] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year.

ACP Testing Election. [ ] a. Current year data for all Participants was used. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ ] 3. 1999 Plan Year. [ ] 4. 2000 Plan Year. [ ] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year. [ ] b. Current Prior year data for Participants who are Highly Compensated Employees will be used. The ACP for Participants who are Non-Highly Compensated Employees was assumed to be 3% or the actual ACP if greaterused. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ ] 3. 1999 Plan Year. [ ] 4. 2000 Plan Year. [ ] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year.

ACP Testing Election. [ ] ¨. a. Current year data for all Participants was used. [ ] ¨ 1. 1997 Plan Year. [ ] ¨ 2. 1998 Plan Year. [ ] ¨ 3. 1999 Plan Year. [ ] ¨ 4. 2000 Plan Year. [ ] ¨ 5. 2001 Plan Year. [ ] 41 §401(k) Plan AA #010 ¨ 6. 2002 Plan Year. [ ] ¨ b. Current year data for Participants who are Highly Compensated Employees will be used. The ACP for Participants who are Non-Highly Compensated Employees was assumed to be 3% or the actual ACP if greater. [ ] ¨ 1. 1997 Plan Year. [ ] ¨ 2. 1998 Plan Year. [ ] ¨ 3. 1999 Plan Year. [ ] ¨ 4. 2000 Plan Year. [ ] ¨ 5. 2001 Plan Year. [ ] ¨ 6. 2002 Plan Year.

ACP Testing Election. [ [X] a. Current year data for all Participants was used. [ ] 1. 1997 Plan Year. [X] 2. 1998 Plan Year. [X] 3. 1999 Plan Year. [X] 4. 2000 Plan Year. [X] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year. [ ] b. Prior year data for Participants who are Non-Highly Compensated Employees was used. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ ] 3. 1999 Plan Year. [ ] 4. 2000 Plan Year. [ ] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year. [ ] b. Current year data for Participants who are Highly Compensated Employees will be used. The ACP for Participants who are Non-Highly Compensated Employees was assumed to be 3% or the actual ACP if greater. [ ] 1. 1997 Plan Year. [ ] 2. 1998 Plan Year. [ ] 3. 1999 Plan Year. [ ] 4. 2000 Plan Year. [ ] 5. 2001 Plan Year. [ ] 6. 2002 Plan Year.