Actual Contribution Percentage Test. (a) In general. For Plan Years beginning after December 31, 1986, Nondeductible Employee Contributions and Matching Contributions shall satisfy the tests defined in Code section 401(m), and sections 1.401(m)-1(b)(1) and 1.401(m)-2 of the Regulations, which are hereby incorporated by reference. For purposes of Sections 3.09 and 3.10 only, Matching Contribution means any Employer Contribution made to the Plan on account of a Salary Deferral Contribution made to the Plan, and any Forfeiture directly or indirectly allocated on the basis of Salary Deferral Contributions or Matching Contributions. The tests are as follows.
(1) The Actual Contribution Percentage for the Highly Compensated Participant Group shall not exceed the greater of:
(A) 125% of such percentage for the Nonhighly Compensated Participant Group for the preceding Plan Year, or
(B) the lesser of 200% of such percentage for the Nonhighly Compensated Participant Group for the preceding Plan Year, or such percentage for the Nonhighly Compensated Group for the preceding Plan Year plus two (2) percentage points. The Employer may elect to use Current Year Testing rather than Prior Year Testing except that if the Current Year Testing election is made, it may not be changed unless the Employer satisfies the requirements for changing to Prior Year Testing as set forth in Internal Revenue Service Notice 98-1 (or its subsequent modification), or as provided by the Internal Revenue Service. In the case of a Plan's first Plan Year (other than a successor plan), the amount taken into account as the Actual Contribution Percentage of the Nonhighly Compensated Participant Group for the Prior Year Testing shall be 3%, unless the Employer elects to use Current Year Testing and, therefore, uses the Actual Contribution Percentage of the Nonhighly Compensated Participant Group during the first Plan Year.
Actual Contribution Percentage Test. The following will apply for Plan Years in which the Plan does not meet the requirements under Code Section 401(m)(11):
(a) The Plan will satisfy the actual contribution percentage test set forth in Section 401(m)(2) of the Code and Treasury Regulation Section 1.401(m)-1(b), the provisions of which (and any subsequent Internal Revenue Service guidance issued thereunder) are incorporated herein by reference, each as modified by subsection (b), below. In accordance with Section 401(m)(2) of the Code and Treasury Regulation Section 1.401(m)-1(b), as modified by subsection (b), below, the actual contribution percentage for HCEs for any Plan Year will not exceed the greater of:
(1) the actual contribution percentage for NHCEs for the current Plan Year multiplied by 1.25, or
(2) the lesser of: (i) the actual contribution percentage for NHCEs for the current Plan Year multiplied by 2; and (ii) the actual contribution percentage for NHCEs for the current Plan Year plus 2%.
(b) In performing the actual contribution percentage test described in subsection (a), above, the following special rules will apply:
(1) the limit imposed by the actual contribution percentage test will apply only to HCEs and NHCEs who are not covered by an agreement that the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and an Employer;
(2) Employees who have not become eligible to become Participants will be disregarded in applying this Section 13.03.
(3) The Administrator may permissively aggregate the Plan with other plans to the extent permitted under Treasury Regulation Section 1.401(m)-1.
Actual Contribution Percentage Test. Qualified Matching Contributions used to satisfy the Actual Deferral Percentage Test are not subject to the Actual Contribution Percentage Test. All or part of the Qualified Nonelective Contributions made with respect to Participants in the Plan, and which are not used to satisfy the Actual Deferral Percentage Test, may be used to satisfy the Actual Contribution Percentage Test. Qualified Nonelective Contributions used to satisfy the Actual Contributions Percentage Test shall be deemed Matching Contributions.
Actual Contribution Percentage Test. The Actual Contribution Percentage for Active Participants who are Highly Compensated Employees shall not exceed the prior Plan Year's Actual Contribution Percentage for Participants who were Nonhighly Compensated Employees during such prior Plan Year by the greater of:
(i) one hundred and twenty-five percent (125%); or
(ii) the lesser of 2 percentage points or two hundred percent (200%). The Actual Contribution Percentage for Highly Compensated Employees entitled to receive Incentive Contributions under the Plan, as well as similar contributions to or under other plans maintained by the Employer or any Affiliate, shall be determined as if such contributions were made under a single arrangement. Notwithstanding the above, the Employer may elect to use Actual Contribution Percentage data for Nonhighly Compensated Employees for the current Plan Year; provided, however, that such election shall be made by amending the Plan, and, once elected, may be changed only as permitted by applicable law.
Actual Contribution Percentage Test. The term “Actual Contribution Percentage Test” means the nondiscrimination test of Section 3.19 that is performed each Plan Year on a Non-Safe Harbor 401(m) Plan. In any Plan Year, if ACP Safe Harbor Matching Contributions (including, if applicable, ADP Safe Harbor Matching Contributions) satisfy the requirements of Section 3.21, then the Actual Contribution Percentage Test will be deemed to be satisfied with respect to such ACP Safe Harbor Matching Contributions of that Plan Year. Notwithstanding the foregoing, a Plan that makes ACP Safe Harbor Matching Contributions that satisfy the requirements of Section 3.21 is deemed to have elected the Current Year Testing Method, regardless of the testing method (Prior Year Testing or Current Year Testing) actually elected in the Adoption Agreement.
Actual Contribution Percentage Test. For each Plan Year, the Actual Contribution Percentage of the Highly Compensated Participant Group for such year shall bear a relationship to the Actual Contribution Percentage of the Standard Participant Group for the immediately preceding Plan Year which meets any of the following tests:
9. Subsection (c) of Section 5.10.3 is replaced with the following: Special Rules for Calculating the Actual Deferral and Actual Contribution Percentages.
Actual Contribution Percentage Test. Also, Employer Safe-Harbor Profit Sharing Contributions may be taken into account in applying the Actual Contribution Percentage Test, but only to the extent they exceed the minimum contribution required to qualify as safe-harbor contributions under Code § 401(k).]
Actual Contribution Percentage Test. 1. The Actual Contribution Percentage for Participants who are Highly Compensated Employees for each Plan Year and the Actual Contribution Percentage for Participants who are Non-highly Compensated Employees for the same Plan Year must satisfy one (1) of the following tests:
(i) The Actual Contribution Percentage for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the Actual Contribution Percentage for Participants who are Non-highly Compensated Employees for the same Plan Year multiplied by 1.25; or
(ii) The Actual Contribution Percentage for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the Actual Contribution Percentage for Participants who are Non-highly Compensated Employees for the same Plan Year multiplied by two (2); provided, that the Actual Contribution Percentage for Participants who are Highly Compensated Employees does not exceed the Actual Contribution Percentage for Participants who are Non-highly Compensated Employees by more than (2) percentage points.
Actual Contribution Percentage Test. (a) In general (c) Nondiscrimination Safe Harbor
Actual Contribution Percentage Test. (a) In general. For Plan Years beginning after December 31, 1986, Nondeductible Employee Contributions and Matching Contributions shall satisfy the tests defined in Code section 401(m), and sections 1.401(m)-1(b)(1) and 1.401(m)-2 of the Regulations, which are hereby incorporated by reference. For purposes of Sections 3.09 and 3.10 only, Matching Contribution means any Employer Contribution made to the Plan on account of a Salary Deferral Contribution made to the Plan, and any Forfeiture directly or indirectly allocated on the basis of Salary Deferral Contributions or Matching Contributions. The tests are as follows.
