Common use of LIMITATION BASED UPON ACTUAL DEFERRAL PERCENTAGE Clause in Contracts

LIMITATION BASED UPON ACTUAL DEFERRAL PERCENTAGE. Effective for Plan Years commencing on or after January 1, 1997, the Actual Deferral Percentage for eligible Highly Compensated Employees for any Plan Year must bear a relationship to the Actual Deferral Percentage for all other eligible Employees for (1) the preceding Plan Year in the case of testing for Plan Years commencing on or after January 1, 2000, or (2) the current Plan Year in the case of testing for Plan Years commencing prior to January 1, 2000, which meets either of the following tests:

LIMITATION BASED UPON ACTUAL DEFERRAL PERCENTAGE. Effective for Plan Years commencing on or after January 1, 1997, the Actual Deferral Percentage for eligible Highly Compensated Employees for any the Current Plan Year must bear a relationship to the Actual Deferral Percentage for all other eligible Employees for (1a) the preceding Preceding Plan Year in the case of testing for Plan Years commencing on or after January 1, 2000, or (2b) the current Current Plan Year in the case of testing for Plan Years commencing prior to January 1, 2000, which meets either of the following tests:

LIMITATION BASED UPON ACTUAL DEFERRAL PERCENTAGE. Effective for Plan Years commencing on or after January 1, 1997, the Actual Deferral Percentage for eligible Highly Compensated Employees for any Plan Year must bear a relationship to the Actual Deferral Percentage for all other eligible Employees for (1) the preceding Plan Year in the case of testing for Plan Years commencing on or after January 1, 20002001, or (2) the current Plan Year in the case of testing for Plan Years commencing prior to January 1, 20002001, which meets either of the following tests:

LIMITATION BASED UPON ACTUAL DEFERRAL PERCENTAGE. Effective for Plan Years commencing on or after January 1, 1997, the Actual Deferral Percentage for eligible Highly Compensated Employees for any Plan Year must bear a relationship to the Actual Deferral Percentage for all other eligible Employees for (1) the preceding Plan Year in the case of testing for Plan Years commencing on or after January 1, 20001998, or (2) the current Plan Year in the case of testing for Plan Years commencing prior to January 1, 20001998, which meets either of the following tests: