Common use of Multiple Use Test Clause in Contracts

Multiple Use Test. (1) Effective for Plan Years beginning on or after January 1, 1989, if one or more Highly Compensated Employees participate in both a CODA and a plan subject to the Average Contribution Percentage tests maintained by the Employer and the sum of the Average Actual Deferral Percentage and Average Contribution Percentage of those Highly Compensated Employees subject to either or both tests exceeds the "Aggregate Limit" (as defined in (2) below), then the Average Contribution Percentage of those Highly Compensated Employees who also participate in a CODA will be reduced (beginning with such Highly Compensated Employee whose Contribution Percentage is the highest) so that the limit is not exceeded. The amount by which each Highly Compensated Employee's Contribution Percentage Amounts is reduced shall be treated as an Excess Aggregate Contribution. The Average Actual Deferral Percentage and Average Contribution Percentage of the Highly Compensated Employees are determined after any corrections required to meet the Average Actual Deferral Percentage and Average Contribution Percentage tests. Notwithstanding the foregoing, the Multiple Use limitations of Section 4.7 (b) do not apply if the Average Actual Deferral Percentage of Eligible Participants who are Highly Compensated Employees does not exceed 1.25 multiplied by the Average Actual Deferral Percentage of all other Eligible Participants and the Average Contribution Percentage of Eligible Participants who are Highly Compensated Employees does not exceed 1.25 multiplied by the Average Contribution Percentage of all other Eligible Participants.

Multiple Use Test. (1) Effective for Plan Years beginning on or after January 1, 1989, if If one or more Highly Compensated Employees Participants ----------------- participate in both a CODA cash or deferred arrangement and a plan subject to the Average Contribution Percentage tests test maintained by the Employer and the sum of the Average Actual Deferral Percentage and Average Contribution Percentage of those Highly Compensated Employees Participants subject to either or both tests exceeds the "Aggregate Limit" (as defined in (2) below), then unless the Average Employer elects to make a Qualified Nonelective Contribution or a Qualified Matching Contribution to the Trust to the extent necessary to enable the Plan to satisfy the Aggregate Limit, the Contribution Percentage Amounts of those Highly Compensated Employees Participants who also participate in a CODA cash or deferred arrangement will be reduced (beginning with such Highly Compensated Employee Participant whose Contribution Percentage contribution percentage is the highest) so that the limit Aggregate Limit is not exceeded. The amount by which each Highly Compensated EmployeeParticipant's Contribution Percentage Amounts Amount is reduced shall be treated as an Excess Aggregate Contribution. The Average Actual Deferral Percentage and Average Contribution Percentage of the Highly Compensated Participants are determined after any corrections required to meet the Average Deferral Percentage and Average Contribution Percentage tests in Sections 6.02 and 6.03. Multiple use does not occur if both the Average Deferral Percentage and Average Contribution Percentage of the Highly Compensated Employees are determined after any corrections required to meet the Average Actual Deferral Percentage and Average Contribution Percentage tests. Notwithstanding the foregoing, the Multiple Use limitations of Section 4.7 (b) do not apply if the Average Actual Deferral Percentage of Eligible Participants who are Highly Compensated Employees does not exceed 1.25 multiplied by the Average Actual Deferral Percentage of all other Eligible Participants and the Average Contribution Percentage of Eligible Participants who are the Non- Highly Compensated Employees does not exceed 1.25 multiplied by the Average Contribution Percentage of all other Eligible ParticipantsEmployees.

Multiple Use Test. (1) Effective for Plan Years beginning on or after January 1, 1989, if If one or more Highly Compensated Employees Participants participate in both a CODA cash or deferred arrangement and a plan subject to the Average Contribution Percentage tests test maintained by the Employer and the sum of the Average Actual Deferral Percentage and Average Contribution Percentage of those Highly Compensated Employees Participants subject to either or both tests exceeds the "Aggregate Limit" (as defined in (2) below), then unless the Average Employer elects to make a Qualified Nonelective Contribution or a Qualified Matching Contribution to the Trust to the extent necessary to enable the Plan to satisfy the Aggregate Limit, the Contribution Percentage Amounts of those Highly Compensated Employees Participants who also participate in a CODA cash or deferred arrangement will be reduced (beginning with such Highly Compensated Employee Participant whose Contribution Percentage contribution percentage is the highest) so that the limit Aggregate Limit is not exceeded. The amount by which each Highly Compensated EmployeeParticipant's Contribution Percentage Amounts Amount is reduced shall be treated as an Excess Aggregate Contribution. The Average Actual Deferral Percentage and Average Contribution Percentage of the Highly Compensated Employees Participants are determined after any corrections required to meet the Average Actual Deferral Percentage and Average Contribution Percentage teststests in Sections 6.02 and 6.03. Notwithstanding the foregoing, the Multiple Use limitations of Section 4.7 (b) do use does not apply occur if both the Average Actual Deferral Percentage of Eligible Participants who are Highly Compensated Employees does not exceed 1.25 multiplied by the Average Actual Deferral Percentage of all other Eligible Participants and the Average Contribution Percentage of Eligible Participants who are Highly Compensated Employees does not exceed 1.25 multiplied by the Average Contribution Percentage of all other Eligible Participants.Highly

Multiple Use Test. (1) Effective for Plan Years beginning on or after January 1, 1989, if If one or more Participants who are Highly Compensated Employees participate in both a CODA cash or deferred arrangement and a plan subject to the Average Contribution Percentage tests test maintained by the Employer and the sum of the Average Actual Deferral Percentage and Average Contribution Percentage of those Highly Compensated Employees subject to either or both tests exceeds the "Aggregate Limit" (as defined in (2) below), then the Average Contribution Percentage Amounts of those Highly Compensated Employees Participants who also participate in a CODA cash or deferred arrangement will be reduced (beginning with such Highly Compensated Employee whose Contribution Percentage contribution percentage is the highest) so that the limit Aggregate Limit is not exceeded. The amount by which each Highly Compensated Employee's Contribution Percentage Amounts Amount is reduced shall be treated as an Excess Aggregate Contribution. The Average Actual Deferral Percentage and Average Contribution Percentage of the Highly Compensated Employees are determined after any corrections required to meet the Average Actual Deferral Percentage and Average Contribution Percentage teststests in Sections 6.2 and 6.3. Notwithstanding the foregoing, the Multiple Use limitations of Section 4.7 (b) do use does not apply occur if both the Average Actual Deferral Percentage and Average Contribution Percentage of Eligible Participants who are the Highly Compensated Employees does not exceed 1.25 multiplied by the Average Actual Deferral Percentage of all other Eligible Participants and the Average Contribution Percentage of Eligible Participants who are the Non-Highly Compensated Employees does not exceed 1.25 multiplied by the Average Contribution Percentage of all other Eligible ParticipantsEmployees.