Nondiscrimination Testing Clause Samples
Nondiscrimination Testing. A Plan may use different testing methods for the ADP and ACP Tests provided the Plan does not permit recharacterization of Excess Contributions, Elective Deferrals to be used in the ACP Test, or Qualified Matching Contributions to be used in the ADP Test.
Nondiscrimination Testing. A. For the Plan Years ending August 31, 1997 through August 31, 2001 and December 31, 2001, the Employer did not make a top-paid group election for purposes of identifying Highly Compensated Employees under Plan Section 1.30.
B. For the Plan Years ending August 31, 1997 through August 31, 2001 and December 31, 2001, the Employer did not make a calendar year election for purposes of identifying Highly Compensated Employees under Plan Section 1.30.
C. For the Plan Years ending August 1997 through August 31, 2001 and December 31, 2001, the current year data method was used in performing the Actual Deferral Percentage (“ADP”) Test pursuant to Plan Section 3.05. For the Plan Years ending August 31, 1997 through August 31, 2001 and December 31, 2001, the current year data method was used in performing the Actual Contribution Percentage (“ACP”) Test.
D. For Plan Years after December 31, 2001, the Employer will calculate the ADP Test pursuant to Plan Section 3.05 and the ACP Test pursuant to Plan Section 3.09 by using the prior year testing method.
Nondiscrimination Testing. A. The Actual Deferral Percentage ("ADP") Test pursuant to Plan Section 3.05 and the Actual Contribution Percentage ("ACP") Test pursuant to Plan Section 3.09 shall be performed by using the prior year testing method. The Adoption Agreement shall only be used in conjunction with the basic plan document identified as the Metals USA, Inc. Union 401(k) Plan.
Nondiscrimination Testing