Actual Deferral Percentage Test. (a) In general. For each Plan Year, the total contributions to a Participant's Salary Deferral Account shall satisfy one of the following tests pursuant to Code section 401(k)(3) and section 1.401(k)-1(b)(2) of the Regulations, which are herein incorporated by reference:
Actual Deferral Percentage Test. All or part of the Qualified Nonelective Contributions and Qualified Matching Contributions made with respect to Participants may be treated as Salary Deferral Contributions for purposes of the Actual Deferral Percentage Tests set forth in Section 3.05. Qualified Matching Contributions and Qualified Nonelective Contributions used to satisfy the Actual Deferral Percentage shall be disregarded for purposes of satisfying the Actual Contributions Percentage Tests set forth in Section 3.09. Qualified Nonelective Contributions and Qualified Matching Contributions used to satisfy the Actual Deferral Percentage Tests shall be deemed Salary Deferral Contributions.
Actual Deferral Percentage Test. The Actual Deferral Percentage (ADP) for Participants who are Highly Compensated Employees for each Plan Year and the ADP for Participants who are Non-highly Compensated Employees for the same Plan Year must satisfy one of the following tests:
Actual Deferral Percentage Test. The term “Actual Deferral Percentage Test” means the nondiscrimination test of Section 3.18 that is performed each Plan Year on a Non-Safe Harbor 401(k) Plan. In any Plan Year, if ADP Safe Harbor Contributions satisfy the requirements of Section 3.20, then the Actual Deferral Percentage Test will be deemed to be satisfied with respect to any Elective Deferrals of that Plan Year. Notwithstanding the foregoing, a Plan that makes ADP Safe Harbor Matching Contributions that satisfy the requirements of Section 3.20 is deemed to have elected the Current Year Testing Method, regardless of the testing method (Prior Year Testing Method or Current Year Testing Method) actually elected in the Adoption Agreement.
Actual Deferral Percentage Test. The Actual Deferral Percentage for Active Participants who are Highly Compensated Employees shall not exceed the prior Plan Year's Actual Deferral Percentage for Participants who were Nonhighly Compensated Employees during such prior Plan Year by the greater of:
Actual Deferral Percentage Test. The following will apply for Plan Years in which the Plan does not meet the requirements under Code Section 401(k)(12):
Actual Deferral Percentage Test. Pre-Tax Contributions hereunder shall not exceed the limits set forth in section 401(k)(3) of the Code. For purposes of applying such limits, section 401(k) of the Code and the Treasury regulations thereunder are incorporated herein by reference.
Actual Deferral Percentage Test. (a) The Plan will satisfy the actual deferral percentage test set forth in Section 401(k)(3) of the Code and Treasury Regulation Section 1.401(k)-1(b), the provisions of which (and any subsequent Internal Revenue Service guidance issued thereunder) are incorporated herein by reference, each as modified by subsection (b), below. In accordance with Section 401(k)(3) of the Code and Treasury Regulation Section 1.401(k)-1(b), as modified by subsection (b), below, the actual deferral percentage for HCEs for any Plan Year will not exceed the greater of:
Actual Deferral Percentage Test. (a) Targeted Contribution Limit. Qualified nonelective contributions (as defined in Treasury Regulation section 1.401(k)-6) cannot be taken into account in determining the actual deferral ratio (“ADR”) for a Plan Year for a Non-Highly Compensated Employee (“NHCE”) to the extent such contributions exceed the product of that NHCE’s Code section 414(s) compensation and the greater of five percent (5%) or two (2) times the Plan’s “representative contribution rate.” Any qualified nonelective contribution taken into account under an actual contribution percentage test under Treasury Regulation section 1.401(m)-2(a)(6) (including the determination of the representative contribution rate for purposes of Treasury Regulation section 1.401(m)-2(a)(6)(v)(B)), is not permitted to be taken into account for purposes of this Section D.1.4(a) (including the determination of the “representative contribution rate” under this Section D.1.4(a)). For purposes of this Section D.1.4(a):
Actual Deferral Percentage Test. The term Actual Deferral Percentage Test (or ADP Test) means either of the following nondiscrimination tests for Elective Deferrals: (1) the ADP for Participants who are HCEs will not exceed the ADP for Participants who are NHCEs multiplied by 1.25; or (2) the ADP for Participants who are HCEs will not exceed the ADP for Participants who are NHCEs multiplied by 2.0, provided that the ADP for Participants who are HCEs does not exceed the ADP for Participants who are NHCEs by more than 2 percentage points. The ADP Test for any Plan Year will be determined in accordance with the following provisions:
