Common use of Multiple Use Clause in Contracts

Multiple Use. If one or more Highly Compensated Employees participate in a cash or deferred arrangement and a plan that is subject to the Average Contribution Percentage test that is maintained by the Employer, and the sum of the Average Deferral Percentage and Average Contribution Percentage of the Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, the Average Contribution Percentage of the Highly Compensated Employees who also participate in the cash or deferred arrangement will be reduced (beginning with the Highly Compensated Employee with the highest Contribution Percentage) by the smallest amount that would cause the aggregate limit not to be exceeded. The amount by which each Highly Compensated Employee's "Contribution Percentage amount" is reduced will be treated as an Excess Aggregate Contribution. The Average Deferral Percentage and Average Contribution Percentage of the Highly Compensated Employees will be determined after any corrections that are required to meet the Average Deferral Percentage and Average Contribution Percentage tests are made. The Aggregate Limit will not be exceeded if either the Average Deferral Percentage or Average Contribution Percentage of the Highly Compensated Employees does not exceed 1.25 multiplied by the Average Deferral Percentage or Average Contribution Percentage (whichever is applicable) of the Nonhighly Compensated Employees.

Multiple Use. If one or more Highly Compensated Employees participate in both a cash or deferred arrangement CODA and a plan that is subject to the Average Contribution Percentage test that is maintained by the Employer, Employer and the sum of the Average Deferral Percentage and Average Contribution Percentage of the those Highly Compensated Employees subject to either or both tests test exceeds the Aggregate Limit, then the Average Contribution Percentage of the those Highly Compensated Employees who also participate in the cash or deferred arrangement a CODA will be reduced (beginning with the such Highly Compensated Employee with whose Average Contribution Percentage is the highest Contribution Percentagehighest) by so that the smallest amount that would cause the aggregate limit is not to be exceeded. The amount by which each Highly Compensated Employee's "Contribution Percentage amount" Amounts is reduced will shall be treated as an Excess Aggregate Contribution. The Average Deferral Percentage and Average Contribution Percentage of the Highly Compensated Employees will be are determined after any corrections that are required to meet the Average Deferral Percentage and Average Contribution Percentage tests are madetests. The Aggregate Limit will Multiple use does not be exceeded occur if either both the Average Deferral Percentage or and Average Contribution Percentage of the Highly Compensated Employees does not exceed 1.25 multiplied by the Average Deferral Percentage or and Average Contribution Percentage (whichever is applicable) of the Nonhighly Non-Highly Compensated Employees.

Multiple Use. If one or more Highly Compensated Employees participate in both a cash or deferred arrangement and a plan that is subject to the Average Contribution Percentage test that is maintained by the Employer, and the sum of the Average Actual Deferral Percentage and Average Contribution Percentage of the those Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, then the Average Contribution Percentage of the those Highly Compensated Employees who also participate in the a cash or deferred arrangement will be reduced (beginning with in the Highly Compensated Employee with manner described in Section 4.6[b] so that the highest Contribution Percentage) by the smallest amount that would cause the aggregate limit Aggregate Limit is not to be exceeded. The amount by which each Highly Compensated Employee's "Contribution Percentage amount" contribution percentage amount is reduced will be treated as an Excess Aggregate Contribution. The Average Actual Deferral Percentage and Average Contribution Percentage of the Highly Compensated Employees will be are determined after any corrections that are required to meet the Average Actual Deferral Percentage and Average Contribution Percentage tests and are madedeemed to be the maximum permitted under such tests for the Plan Year. The Aggregate Limit will Multiple use does not be exceeded occur if either both the Average Actual Deferral Percentage or and the Average Contribution Percentage of the Highly Compensated Employees does do not exceed 1.25 multiplied by times the Average Actual Deferral Percentage or and Average Contribution Percentage (whichever is applicable) of the Nonhighly non-Highly Compensated Employees.;

Multiple Use. If one or more Highly Compensated Employees participate participates in a cash or deferred arrangement and a plan that is subject to the Average Contribution Percentage test that is maintained by the Employer, and the sum of the Average Deferral Percentage and Average Contribution Percentage of the Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, the Average Contribution Percentage of the Highly Compensated Employees who also participate in the cash or deferred arrangement will be reduced (beginning with the Highly Compensated Employee with the highest Contribution Percentage) by the smallest amount that would cause the aggregate limit not to be exceeded. The amount by which each Highly Compensated Employee's "Contribution Percentage amount" is reduced will be treated as an Excess Aggregate Contribution. The Average Deferral Percentage and Average Contribution Percentage of the Highly Compensated Employees will be determined after any corrections that are required to meet the Average Deferral Percentage and Average Contribution Percentage tests are made. The Aggregate Limit will not be exceeded if either the Average Deferral Percentage or Average Contribution Percentage of the Highly Compensated Employees does not exceed 1.25 multiplied by the Average Deferral Percentage or Average Contribution Percentage (whichever is applicable) of the Nonhighly Compensated Employees.