Correction of ADP and ACP Tests. If the ADP or ACP Tests are not met, the Administrator shall determine, no later than the end of the next Plan Year, a maximum percentage to be used in place of the calculated percentage for all HCEs that would reduce the ADP and/or ACP for the HCE group by a sufficient amount to meet the ADP and ACP Tests. ADP and/or ACP corrections shall be made in accordance with the leveling method as described below.
Appears in 6 contracts
Samples: Savings Plan and Trust Agreement (Nipsco Industries Inc), Employee Stock Savings Plan (La Gear Inc), Retirement Savings Plan and Trust Agreement (Spieker Properties Inc)
Correction of ADP and ACP Tests. If the ADP or ACP Tests are not met, the Administrator shall determine, no later than the end of the next Plan Year, a maximum percentage to be used in place of the calculated percentage for all HCEs that would reduce the ADP and/or ACP for the HCE group by a sufficient amount to meet the ADP and ACP Tests. ADP and/or ACP corrections shall be made in accordance with the leveling method as described below.
Appears in 3 contracts
Samples: Employees' Savings Plan and Trust Agreement (Timken Co), Retirement & Savings Plan (Bank Jos a Clothiers Inc /De/), Plan and Trust Agreement (Roadway Services Inc)
