Common use of Actual Deferral Percentage Test Clause in Contracts

Actual Deferral Percentage Test. (a) The Plan will satisfy the actual deferral percentage test set forth in Section 401(k)(3) of the Code and Treasury Regulation Section 1.401(k)-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(k)(3) of the Code and Treasury Regulation Section 1.401(k)-1(b), as modified by subsection (b), below, the actual deferral percentage for HCEs for any Plan Year will not exceed the greater of: (1) the actual deferral percentage for NHCEs for the current Plan Year multiplied by 1.25, or (2) the lesser of: (i) the actual deferral percentage for NHCEs for the current Plan Year multiplied by 2; and (ii) the actual deferral percentage for NHCEs for the current Plan Year plus 2%. (b) In performing the actual deferral percentage test described in subsection (a), above, the following special rules will apply: (1) the deferral percentages of Participants who are covered by an agreement that the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and an Employer will be disaggregated from the deferral percentages of other Participants and the provisions of this Section 13.2 will be applied separately with respect to each group. (2) Employees who have not become eligible to become Participants will be disregarded in applying this Section 13.2. (3) The Administrator may permissively aggregate the Plan with other plans to the extent permitted under Treasury Regulation Section 1.401(k)-1.

Actual Deferral Percentage Test. (a) The Plan will satisfy the actual deferral percentage test set forth in Section 401(k)(3) of the Code and Treasury Regulation Section 1.401(k)-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(k)(3) of the Code and Treasury Regulation Section 1.401(k)-1(b), as modified by subsection (b), below, the actual deferral percentage for HCEs for any Plan Year will not exceed the greater of: (1) the actual deferral percentage for NHCEs for the current Plan Year multiplied by 1.25, or (2) the lesser of: (i) the actual deferral percentage for NHCEs for the current Plan Year multiplied by 2; and (ii) the actual deferral percentage for NHCEs for the current Plan Year plus 2%. (b) In performing the actual deferral percentage test described in subsection (a), above, the following special rules will apply: (1) the deferral percentages of Participants who are covered by an agreement that the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and an Employer will be disaggregated from the deferral percentages of other Participants and the provisions of this Section 13.2 13.02 will be applied separately with respect to each group. (2) Employees who have not become eligible to become Participants will be disregarded in applying this Section 13.213.02. (3) The Administrator may permissively aggregate the Plan with other plans to the extent permitted under Treasury Regulation Section 1.401(k)-1.

Actual Deferral Percentage Test. The following will apply for Plan Years in which the Plan does not meet the requirements under Code Section 401(k)(12): (a) The Plan will satisfy the actual deferral percentage test set forth in Section 401(k)(3) of the Code and Treasury Regulation Section 1.401(k)-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(k)(3) of the Code and Treasury Regulation Regulation Section 1.401(k)-1(b1. 401(k)-1(b), as modified by subsection (b), below, the actual deferral percentage for HCEs for any Plan Year will not exceed the greater of: (1) the actual deferral percentage for NHCEs for the current Plan Year multiplied by 1.25, or (2) the lesser of: (i) the actual deferral percentage for NHCEs for the current Plan Year multiplied by 2; and (ii) the actual deferral percentage for NHCEs for the current Plan Year plus 2%. (b) In performing the actual deferral percentage test described in subsection (a), above, the following special rules will apply: (1) the deferral percentages of Participants who are covered by an agreement that the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and an Employer will be disaggregated from the deferral percentages of other Participants and the provisions of this Section 13.2 13.02 will be applied separately with respect to each group. (2) Employees who have not become eligible to become Participants will be disregarded in applying this Section 13.213.02. (3) The Administrator may permissively aggregate the Plan with other plans to the extent permitted under Treasury Regulation Section 1.401(k)-1.

Actual Deferral Percentage Test. The following will apply for Plan Years in which the Plan does not meet the requirements under Code Section 401(k)(12): (a) The Plan will satisfy the actual deferral percentage test set forth in Section 401(k)(3) of the Code and Treasury Regulation Section 1.401(k)-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(k)(3) of the Code and Treasury Regulation Section 1.401(k)-1(b), as modified by subsection (b), below, the actual deferral percentage for HCEs for any Plan Year will not exceed the greater of: (1) the actual deferral percentage for NHCEs for the current Plan Year multiplied by 1.25, or (2) the lesser of: (i) the actual deferral percentage for NHCEs for the current Plan Year multiplied by 2; and (ii) the actual deferral percentage for NHCEs for the current Plan Year plus 2%. (b) In performing the actual deferral percentage test described in subsection (a), above, the following special rules will apply: (1) the deferral percentages of Participants who are covered by an agreement that the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and an Employer will be disaggregated from the deferral percentages of other Participants and the provisions of this Section 13.2 13.02 will be applied separately with respect to each group. (2) Employees who have not become eligible to become Participants will be disregarded in applying this Section 13.213.02. (3) The Administrator may permissively aggregate the Plan with other plans to the extent permitted under Treasury Regulation Section 1.401(k)-1.