ADP and ACP Tests. For each Plan Year, the ADP and ACP for the HCE Group must meet either the Basic or Alternative Limitation when compared to the respective ADP and ACP for the NHCE Group, defined as follows:
ADP and ACP Tests. 36 12.3 Correction of ADP and ACP Tests............................... 37 09/15/97
ADP and ACP Tests. Contribution Limitation Definitions The following definitions are applicable to this Section 12 (where a definition is contained in both Sections 1 and 12, for purposes of Section 12 the Section 12 definition shall be controlling):
ADP and ACP Tests. 35 ----------------- 12.1 Contribution Limitation Definitions..................... 35 12.2
ADP and ACP Tests. For each Plan Year, the Employer shall ensure that either the test set forth in paragraph (i) or (ii) below is satisfied with respect to deferred salary contributions and either the test set forth in paragraph (iii) or (iv) is satisfied with respect to Employer Contributions and Employee contributions.
(i) the Actual Deferral Percentage for all Participants who are Highly Compensated Employees for the Plan Year does not exceed the Actual Deferral Percentage for all Participants who are non-Highly Compensated Employees for the Plan Year multiplied by 1.25; or
(ii) the Actual Deferral Percentage for all Participants who are Highly Compensated Employees for the Plan Year does not exceed the Actual Deferral Percentage for all Participants who are non-Highly Compensated Employees for the Plan Year multiplied by 2, provided that the Actual Deferral Percentage for all Participants who are Highly Compensated Employees for the Plan Year does not exceed the Actual Deferral Percentage for all Participants who are non-Highly Compensated Employees for the Plan Year by more than two (2) percentage points; and
(iii) the Actual Contribution Percentage for all Participants who are Highly Compensated Employees for the Plan Year does not exceed the Actual Contribution Percentage for all Participants who are non-Highly Compensated Employees for the Plan Year multiplied by 1.25; or
(iv) the Actual Contribution Percentage for all Participants who are Highly Compensated Employees for the Plan Year does not exceed the Actual Contribution Percentage for all Participants who are non-Highly Compensated Employees for the Plan Year multiplied by 2, provided that the Actual Contribution Percentage for all Participants who are Highly Compensated Employees for the Plan Year does not exceed the Actual Contribution Percentage for all Participants who are non-Highly Compensated Employees for the Plan Year by more than (2) percentage points. The tests set forth in paragraphs (i) through (iv) may at the Company’s discretion be made by separating the Plan into two plans, one for otherwise excludable Employees, and one for any other Employees.
ADP and ACP Tests. 33 12.3 Correction of ADP and ACP Tests . . . . . . . . . . . . 33 12.4
ADP and ACP Tests. For Plan Years beginning in and prior to the Plan Year in which the restatement is adopted, the following will apply:
a. [X] PRIOR YEAR TESTING: The prior year ratio will be used for the Plan Year beginning in the year specified below. (If this election is made for the first year the Code Section 401(k) feature is added to this Plan (unless this Plan is a successor plan), the amount taken into account as the ADP of Non-Highly Compensated Employees for the preceding Plan Year will be 3%.)
1. [X] 1997 2. [X] 1998 3. [X] 1999 4. [X] 2000 5. [X] 2001 b. [ ] CURRENT YEAR TESTING: The current year ratio will be used for the Plan Year beginning in: 1. [ ] 1997 2. [ ] 1998 3. [ ] 1999 4. [ ] 2000 5. [ ] __
1. [X] 1997 2. [X] 1998 3. [X] 1999 4. [X] 2000 5. [X] 2001 e. [ ] CURRENT YEAR TESTING: The current year ratio will be used for the Plan Year beginning in: 1. [ ] 1997 2. [ ] 1998 3. [ ] 1999 4. [ ] 2000 5. [ ] __
ADP and ACP Tests. For Plan Years beginning in and prior to the Plan Year in which the restatement is adopted, the following will apply:
ADP and ACP Tests. For each Plan Year, the Prior Year Testing Method shall be used and the ADP and ACP for the HCE Group must meet either the Basic or Alternative Limitation when compared to the respective preceding Plan Year's ADP and ACP for the preceding Plan Year's NHCE Group, defined as follows:
ADP and ACP Tests. Connection of ADP and ACP Tests for Plan Years Commencing Before January 1, 1997 . . . . . . . . . . . 42 12.4 Connection of ADP and ACP Tests for Plan Years Commencing After December 31, 1996 . . . . . . . . . .
