Common use of Prior Year Testing Method Clause in Contracts

Prior Year Testing Method. The prior year ratio will be used for Plan Years beginning on or after . If this selection is made for the first year the Code Section 401(k) feature is added to this Plan (unless this Plan is a successor plan), then for the first Plan Year only, the amount taken into account as the ADP of Nonhighly Compensated Employees for the preceding Plan Year will be the greater of 3% or the actual percentage for the initial Plan Year: 1. [ ] N/A. (Effective date of prior year testing is after effective date of Code Section 401(k) feature.) 2. [ ] 3%.

Prior Year Testing Method. The prior year ratio will be used for Plan Years beginning on or after 2002 . If this selection is made for the first year the Code Section 401(k) feature is added to this Plan (unless this Plan is a successor plan), then for the first Plan Year only, the amount taken into account as the ADP of Nonhighly Compensated Employees for the preceding Plan Year will be the greater of 3% or the actual percentage for the initial Plan Yearbe: 1. [ [X] N/A. (Effective date of prior year testing is after effective date of Code Section 401(k) feature.) ) 2. [ ] 3%. 3. [ ] the actual percentage for the initial Plan Year.

Prior Year Testing Method. The prior year ratio will be used for Plan Years beginning on or after . If this selection is made for the first year the Code Section 401(k401(m) feature is added to this Plan (unless this Plan is a successor plan), then for the first Plan Year only, the amount taken into account as the ADP ACP of Nonhighly Compensated Employees for the preceding Plan Year will be the greater of 3% or the actual percentage for the initial Plan Yearbe: 1. [ ] N/A. (Effective date of prior year testing is after effective date of Code Section 401(k401(m) feature.) 2. [ ] 3%.

Prior Year Testing Method. The prior year ratio will be used for Plan Years beginning on or after 2002 . If this selection is made for the first year the Code Section 401(k401(m) feature is added to this Plan (unless this Plan is a successor plan), then for the first Plan Year only, the amount taken into account as the ADP ACP of Nonhighly Compensated Employees for the preceding Plan Year will be the greater of 3% or the actual percentage for the initial Plan Yearbe: 1. [ [X] N/A. (Effective date of prior year testing is after effective date of Code Section 401(k401(m) feature.) ) 2. [ ] 3%. 3. [ ] the actual percentage for the initial Plan Year.

Prior Year Testing Method. The prior year ratio will be used for Plan Years beginning on or after . If this selection is made for the first year the Code Section 401(k) feature is added to this Plan (unless this Plan is a successor plan), then for the first Plan Year only, the amount taken into account as the ADP of Nonhighly Compensated Employees for the preceding Plan Year will be the greater of 3% or the actual percentage for the initial Plan Yearbe: 1. [ ] N/A. A (Effective date of prior year testing is after effective date of Code Section 401(k) feature.) ). 2. [ ] 3%.