Common use of Prior Year Testing Clause in Contracts

Prior Year Testing. If elected by the Employer in the Adoption Agreement, the ADP for a Plan Year for Participants who are Highly Compensated Employees for each Plan Year and the Prior Plan Year’s ADP for Participants who were Non-Highly Compensated Employees for the Prior Plan Year must satisfy the basic limit set forth in (1) or the alternative limit set forth at (2):

Appears in 11 contracts

Samples: Defined Contribution Plan, Defined Contribution Plan, Defined Contribution Plan (1st Constitution Bancorp)

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Prior Year Testing. If elected by the Employer in the Adoption Agreement, the ADP ACP for a Plan Year for eligible Participants who are Highly Compensated Employees for each Plan Year and the Prior prior Plan Year’s ADP ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year must satisfy one of the basic limit set forth in (1) or the alternative limit set forth at (2):following tests:

Appears in 5 contracts

Samples: Defined Contribution Plan (Chicopee Bancorp, Inc.), Defined Contribution Plan (FNB United Corp.), Defined Contribution Plan (Idt Corp)

Prior Year Testing. If elected by the Employer in the Adoption Agreement, the ADP ACP for a Plan Year for eligible Participants who are Highly Compensated Employees for each Plan Year and the Prior Plan Year’s ADP ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year must satisfy one of the basic limit set forth in (1) or the alternative limit set forth at (2):following tests:

Appears in 3 contracts

Samples: Defined Contribution Plan, Defined Contribution Plan (1st Constitution Bancorp), Adoption Agreement (Sterling Chemicals Inc)

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Prior Year Testing. If elected by the Employer in the Adoption Agreement, the ADP ACP for a Plan Year for eligible Participants who are Highly Compensated Employees for each Plan Year and the Prior prior Plan Year’s ADP 's ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year must satisfy one of the basic limit set forth in (1) or the alternative limit set forth at (2):following tests:

Appears in 2 contracts

Samples: Nonstandardized Adoption Agreement (Banctrust Financial Group Inc), Defined Contribution Plan (Thomasville Bancshares Inc)

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