Common use of Current Year Testing Clause in Contracts

Current Year Testing. If no election is made by the Employer in the Adoption Agreement, the ACP limits in (1) and (2), above, will be applied by comparing the current Plan Year’s ACP for eligible Participants who are Highly Compensated Employees for the Plan Year with the current Plan Year’s ACP for eligible Participants who are Non-Highly Compensated Employees. This election can only be changed if the Plan meets the requirements for changing to Prior Plan Year testing set forth in IRS Notice 98-1 (or superseding guidance).

Appears in 7 contracts

Samples: Defined Contribution Plan (Georgetown Bancorp, Inc.), Defined Contribution Plan (Century Bancorp Inc), Defined Contribution Plan (FNB United Corp.)

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Current Year Testing. If no election is made by the Employer in the Adoption Agreement, the ACP limits in (1) and (2), above, will be applied by comparing the current Plan Year’s 's ACP for eligible Participants who are Highly Compensated Employees for the Plan Year with the current Plan Year’s 's ACP for eligible Participants who are Non-Highly Compensated Employees. This election can only be changed if the Plan meets the requirements for changing to Prior Plan Year testing set forth in IRS Notice 98-1 (or superseding guidance).

Appears in 1 contract

Samples: Nonstandardized Adoption Agreement (Banctrust Financial Group Inc)

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