Common use of Excess Aggregate Contribution Clause in Contracts

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either the ADP or ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Non-highly Compensated Employees.

Appears in 11 contracts

Sources: Profit Sharing/401(k) Plan (Dep Corp), Non Standardized Adoption Agreement (Marine Transport Corp), Profit Sharing/401(k) Plan (Lawter International Inc)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either both the ADP or and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Nonnon-highly Highly Compensated Employees.

Appears in 6 contracts

Sources: Cash or Deferred Profit Sharing Plan (Port Financial Corp), Adoption Agreement (Shared Technologies Cellular Inc), 401(k) Plan Document (Berkshire Hills Bancorp Inc)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either the ADP or ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Non-highly Highly Compensated Employees.

Appears in 2 contracts

Sources: Profit Sharing / 401(k) Plan (Celadon Group Inc), 401(k) Plan and Trust Agreement (Hastings Entertainment Inc)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP teststests and are deemed to be the maximum permitted under such tests for the Plan Year. Multiple use of the aggregate limit does not occur if either the ADP or and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Non-highly Highly Compensated Employees.

Appears in 2 contracts

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

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either both the ADP or and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Non-highly Compensated Employees.

Appears in 2 contracts

Sources: Tax Sheltered Custodial Account Agreement (New England Funds Trust I), 401(k) Salary Reduction Adoption Agreement (PCB Holding Co)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either both the ADP or and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Non-highly Highly Compensated Employees.

Appears in 1 contract

Sources: Adoption Agreement (Oregon Trail Financial Corp)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does , The Aggregate Limit will not occur apply if either the ADP or ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Non-highly Participants who are not Highly Compensated Employees.

Appears in 1 contract

Sources: 401(k) Profit Sharing Adoption Agreement (Kevco Inc)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either the ADP or ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Non-highly Non- Highly Compensated Employees.

Appears in 1 contract

Sources: 401(k) Plan and Trust Agreement (Hastings Entertainment Inc)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either the ADP or and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Non-highly Compensated Employees.

Appears in 1 contract

Sources: 401(k) Profit Sharing Plan Adoption Agreement (Priority Healthcare Corp)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either both the ADP or and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Non-highly Nonhighly Compensated Employees.

Appears in 1 contract

Sources: Defined Contribution Plan and Trust (Trimedyne Inc)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either the ADP or ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and or ACP of the Non-highly Nonhighly Compensated Employees.

Appears in 1 contract

Sources: Regional Prototype Profit Sharing Plan and Trust/Custodial Account Nonstandard Plan Adoption Agreement (Greater Bay Bancorp)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either both the ADP or and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Non-highly non Highly Compensated Employees.

Appears in 1 contract

Sources: Profit Sharing Plan (First Keystone Corp)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections correction required to meet the ADP and ACP tests. Multiple use does not occur if either both the ADP or and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Non-highly Highly Compensated Employees.

Appears in 1 contract

Sources: Individual Retirement Account Custodial Agreement (Rushmore Fund Inc)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either the ADP or ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP of the Non-highly Compensated Employees.This

Appears in 1 contract

Sources: 401(k) Plan Adoption Agreement (Biomune Systems Inc)

Excess Aggregate Contribution. The ADP and ACP of the Highly Compensated Employees are determined after any corrections required to meet the ADP and ACP teststests and are deemed to be the maximum permitted under such tests for the Plan Year. Multiple use does The Aggregate Limit will not occur apply if either the ADP or ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP and ACP ACP, respectively, of the Non-highly Participants who are not Highly Compensated Employees.

Appears in 1 contract

Sources: Plan Document and Trust Agreement (Stonepath Group Inc)