Definition Of Current And Prior Year Testing Sample Clauses

Definition Of Current And Prior Year Testing. The term Current Year Testing means the ADP Test will be determined for a Plan Year by comparing the ADP of Participants who are Highly Compensated Employees for that Plan Year to the ADP of Participants who are Non-Highly Compensated Employees for that Plan Year. The term Prior Year Testing means the ADP Test will be determined for a Plan Year by comparing the ADP of Participants who are Highly Compensated Employees for that Plan Year to the ADP of Participants who were Non-Highly Compensated Employees for the prior Plan Year. If Prior Year Testing is specified in paragraph (a), then in the case of the first Plan Year in which the Plan permits any Participant to make Elective Deferrals (unless this is a successor Plan), the ADP used for Participants who were Non-Highly Compensated Employees in the prior Plan Year will be the greater of 3% or their actual ADP for the first Plan Year in which Elective Deferrals were permitted.
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Definition Of Current And Prior Year Testing. The term Current Year Testing means the ACP Test will be determined for a Plan Year by comparing the ACP of Participants who are Highly Compensated Employees for that Plan Year to the ACP of Participants who were Non-Highly Compensated Employees for that Plan Year. The term Prior Year Testing means the ACP Test will be determined for a Plan Year by comparing the ACP of Participants who are Highly Compensated Employees for that Plan Year to the ACP of Participants who were Non-Highly Compensated Employees for the prior Plan Year. If Prior Year Testing is specified in paragraph (a), then for the first Plan Year in which the Plan permits any Participant to make Voluntary Employee Contributions, provides for Matching Contributions, or both (unless this Plan is a successor Plan), the ACP used for Participants who were Non-Highly Compensated Employees in the prior Plan Year will be the greater of 3% or their actual ACP for the first Plan Year.
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