Common use of Prior Year Testing Clause in Contracts

Prior Year Testing. If elected by the Employer in the Adoption Agreement, the ACP for a Plan Year for eligible Participants who are Highly Compensated Employees for each Plan Year and the prior Plan Year’s ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year must satisfy one of the following tests: (1) The ACP for a Plan Year for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior Plan Year’s ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year multiplied by 1.25; or (2) The ACP for a Plan Year for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year multiplied by 2.0, provided that the ACP for eligible Participants who are Highly Compensated Employees does not exceed the ACP for eligible Participants who were Non-Highly Compensated Employees in the Prior Plan Year by more than two (2) percentage points.

Prior Year Testing. If elected by the Employer in the Adoption Agreement, the ACP ADP for a Plan Year for eligible Participants who are Highly Compensated Employees for each Plan Year and the prior Prior Plan Year’s ACP ADP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year must satisfy one of the following tests:basic limit set forth in (1) or the alternative limit set forth at (2): (1) The ACP ADP for a the Plan Year for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior Prior Plan Year’s ACP ADP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year multiplied by 1.25; or (2) The ACP ADP for a Plan Year for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior yearPrior Year’s ACP ADP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year multiplied by 2.0, provided that the ACP ADP for eligible Participants who are Highly Compensated Employees does not exceed the ACP ADP for eligible Participants who were Non-Highly Compensated Employees in the Prior Plan Year by more than two (2) percentage points.

Prior Year Testing. If elected by the Employer in the Adoption Agreement, the ACP for a Plan Year for eligible Participants who are Highly Compensated Employees for each Plan Year and the prior Plan Year’s ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year must satisfy one of the following tests:: . (1) The ACP for a Plan Year for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior Plan Year’s ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year multiplied by 1.25; oror . (2) The ACP for a Plan Year for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year multiplied by 2.0, provided that the ACP for eligible Participants who are Highly Compensated Employees does not exceed the ACP for eligible Participants who were Non-Highly Compensated Employees in the Prior Plan Year by more than two (2) percentage points. .

Prior Year Testing. If elected by the Employer in the Adoption Agreement, the ACP ADP for a Plan Year for eligible Participants who are Highly Compensated Employees for each Plan Year and the prior Prior Plan Year’s ACP ADP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year must satisfy one of the following tests:basic limit set forth in (1) or the alternative limit set forth at (2): . (1) The ACP ADP for the Plan Year for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the Prior Plan Year’s ADP for Participants who were Non-Highly Compensated Employees for the Prior Plan Year multiplied by 1.25; or . (2) The ADP for a Plan Year for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior Plan Prior Year’s ACP ADP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year multiplied by 1.25; or (2) The ACP for a Plan Year for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year multiplied by 2.0, provided that the ACP ADP for eligible Participants who are Highly Compensated Employees does not exceed the ACP ADP for eligible Participants who were Non-Highly Compensated Employees in the Prior Plan Year by more than two (2) percentage points.

Prior Year Testing. If elected by the Employer in the Adoption Agreement, the ACP for a Plan Year for eligible Participants who are Highly Compensated Employees for each Plan Year and the prior Plan Year’s 's ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year must satisfy one of the following tests: (1) The ACP for a Plan Year for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior Plan Year’s 's ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year multiplied by 1.25; or (2) The ACP for a Plan Year for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s 's ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year multiplied by 2.0, provided that the ACP for eligible Participants who are Highly Compensated Employees does not exceed the ACP for eligible Participants who were Non-Highly Compensated Employees in the Prior Plan Year by more than two (2) percentage points.

Prior Year Testing. If elected by the Employer in the Adoption AgreementNotwithstanding any other provision of this 401(k) Feature, the ACP actua deferral percentage for a Plan Year for eligible Participants Members who are Highly Compensated Employees for each such Plan Year and the prior Plan Year’s ACP year's actual deferral percentage for eligible Participants Members who were Non-Highly Compensated Employees for the Prior prior Plan Year must satisfy one of the following tests: (1a) The ACP the actual deferral percentage for a Plan Year for Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior Plan Year’s ACP for eligible Participants who were Non-Highly Compensated Employees for the Prior Plan Year multiplied by 1.25; or (2) The ACP for a Plan Year for Participants Members who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s ACP 's actual deferral percentage of those Members who are not Highly Compensated Employees for eligible Participants the prior Plan Year multiplied by 1.25; or (b) the actual deferral percentage for a Plan Year for Members who are Highly Compensated Employees for the Plan Year shall not exceed the prior year's actual deferral percentage for Members who were Non-Highly Compensated Employees for the Prior prior Plan Year multiplied by 2.0, provided that the ACP actual deferral percentage for eligible Participants Members who are Highly Compensated Employees does not exceed the ACP actual deferral percentage for eligible Participants Members who were Non-Highly Compensated Employees in the Prior prior Plan Year by more than two (2) 2 percentage points.. This determination shall be made in accordance with the procedure described in Section 3.10