Common use of ACP test only Clause in Contracts

ACP test only. ADP test safe harbor applies, but Plan will perform ACP test as follows (Choose one of (i) or (ii)): (i) ¨ Current Year Testing. ¨ ¨ Effective Date(s): (ii) ¨ Prior Year Testing. ¨ ¨ Effective Date(s): [Note: The Employer may elect Prior Year Testing under Election 37(a)(2)b.(ii) only for Plan Years after the Final 401(k) Regulations Effective Date.]

ACP test only. ADP test safe harbor applies, but Plan will perform ACP test as follows (Choose one of (i) or (ii).): (i) ¨ [ ] Current Year Testing. ¨ ¨ [ ] [ ] Effective Date(s): (ii) ¨ [ ] Prior Year Testing. ¨ ¨ [ ] [ ] Effective Date(s): [Note: The Employer may elect Prior Year Testing under Election 37(a)(2)b.(ii) only for Plan Years after the Final 401(k) Regulations Effective Date.]