Common use of Discretionary Contributions Clause in Contracts

Discretionary Contributions. (i) The Plan Administrator shall determine on a timely basis after the end of a Plan Year whether the Actual Contribution Percentage test results satisfy either of the tests described in Section 3.6(b), as modified by Section 3.6(c). In the event neither test is satisfied, or in the event neither of the tests described in Section 3.5(a), as modified by Section 3.6(c), is satisfied, the Employer may elect to make a "qualified matching contribution" as defined in Treasury Regulation Section 1.401(k)-1(g)(13), referred to herein as a Discretionary Contribution, and to use such contribution to pass such test. Such Discretionary Contribution shall be made with respect to the Plan Year as to which such test was not satisfied.

Discretionary Contributions. (i) The Plan Administrator shall determine on a timely basis after the end of a Plan Year whether the Actual Contribution Deferral Percentage test results satisfy either of the tests described in Section 3.6(b3.5(a), as modified by Section 3.6(c). In the event neither test is satisfied, or in the event neither of the tests described in Section 3.5(a3.6(b), as modified by Section 3.6(c), is satisfied, the Employer may elect to make a "qualified matching contribution" as defined in Treasury Regulation Section 1.401(k)-1(g)(13), referred to herein as a Discretionary Contribution, and to use such contribution to pass such test. Such Discretionary Contribution shall be made with respect to the Plan Year as to which such test was not satisfied.