Common use of Prior Year Testing Clause in Contracts

Prior Year Testing. Except as provided in Section 3.14 (Safe Harbor Method CODA), the ACP for a Plan Year for Participants who are Highly Compensated Employees for each Plan Year and the prior Plan Year’s ACP for Participants who were Nonhighly Compensated Employees for the prior Plan Year must satisfy one of the following tests:

Prior Year Testing. Except as provided in Section 3.14 (Safe Harbor Method CODA), the ACP ADP for a Plan Year for Participants who are Highly Compensated Employees for each Plan Year and the prior Plan Year’s ACP ADP for Participants who were Nonhighly Compensated Employees for the prior Plan Year must satisfy one of the following tests: