Common use of First Year Testing Method Clause in Contracts

First Year Testing Method. If the first Plan Year that the Plan, other than a successor plan, permits Deferral Contributions or provides for either Employee or Matching Employer Contributions, occurs on or after the Effective Date specified in Subsection 1.01(g), the “ADP” and/or “ACP” test for such first Plan Year shall be applied using the actual “ADP” and/or “ACP” of Non-Highly Compensated Employees for such first Plan Year, unless otherwise provided below. (1) ¨ The “ADP” and/or “ACP” test for the first Plan Year that the Plan permits Deferral Contributions or provides for either Employee or Matching Employer Contributions shall be applied assuming a 3% “ADP” and/or “ACP” for Non-Highly Compensated Employees. (Do not choose unless Plan uses prior year testing method described in Subsection 1.06(a)(2).)

First Year Testing Method. If the first Plan Year that the Plan, other than a successor plan, permits Deferral Contributions or provides for either Employee or Matching Employer Contributions, occurs on or after the Effective Date specified in Subsection 1.01(g), the “"ADP” " and/or “"ACP” " test for such first Plan Year shall be applied using the actual “"ADP” " and/or “"ACP” " of Non-Highly Compensated Employees for such first Plan Year, unless otherwise provided below. (1) ¨ o The “"ADP” " and/or “"ACP” " test for the first Plan Year that the Plan permits Deferral Contributions or provides for either Employee or Matching Employer Contributions shall be applied assuming a 3% “"ADP” " and/or “"ACP” " for Non-Highly Compensated Employees. (Do not choose unless Plan uses prior year testing method described in Subsection 1.06(a)(2).)

First Year Testing Method. If the first Plan Year that the Plan, other than a successor plan, permits Deferral Contributions or provides for either Employee or Matching Employer Contributions, occurs on or after the Effective Date specified in Subsection 1.01(g), the “ADP” and/or “ACP” test for such first Plan Year shall be applied using the actual “ADP” and/or “ACP” of Non-Highly Compensated Employees for such first Plan Year, unless otherwise provided below. (1) ¨ o The “ADP” and/or “ACP” test for the first Plan Year that the Plan permits Deferral Contributions or provides for either Employee or Matching Employer Contributions shall be applied assuming a 3% “ADP” and/or “ACP” for Non-Highly Compensated Employees. (Do not choose unless Plan uses prior year testing method described in Subsection 1.06(a)(2).)

First Year Testing Method. If the first Plan Year that the Plan, other than a successor plan, permits Deferral Contributions or provides for either Employee or Matching Employer Contributions, occurs on or after the Effective Date specified in Subsection 1.01(g), the “"ADP” " and/or “"ACP” " test for such first Plan Year shall be applied using the actual “"ADP” " and/or “"ACP” " of Non-Highly Compensated Employees for such first Plan Year, unless otherwise provided below. (1) ¨ ☐ The “"ADP” " and/or “"ACP” " test for the first Plan Year that the Plan permits Deferral Contributions or provides for either Employee or Matching Employer Contributions shall be applied assuming a 3% “"ADP” " and/or “"ACP” " for Non-Highly Compensated Employees. (Do not choose unless Plan uses prior year testing method described in Subsection 1.06(a)(2).)

First Year Testing Method. If the first Plan Year that the Plan, other than a successor plan, permits Deferral Contributions or provides for either Employee or Matching Employer Contributions, occurs on or after the Effective Date specified in Subsection 1.01(g), the “"ADP” " and/or “"ACP” " test for such first Plan Year shall be applied using the actual “"ADP” " and/or “"ACP” " of Non-Highly Compensated Employees for such first Plan Year, unless otherwise provided below. (1) ¨ 🞎 The “"ADP” " and/or “"ACP” " test for the first Plan Year that the Plan permits Deferral Contributions or provides for either Employee or Matching Employer Contributions shall be applied assuming a 3% “"ADP” " and/or “"ACP” " for Non-Highly Compensated Employees. (Do not choose unless Plan uses prior year testing method described in Subsection 1.06(a)(2).)

First Year Testing Method. If the first Plan Year that the Plan, other than a successor plan, permits Deferral Contributions or provides for either Employee or Matching Employer Contributions, occurs on or after the Effective Date specified in Subsection 1.01(g), the “"ADP” " and/or “"ACP” " test for such first Plan Year shall be applied using the actual “"ADP” " and/or “"ACP” " of Non-Highly Compensated Employees for such first Plan Year, unless otherwise provided below. (1) ¨ The “¨The "ADP” " and/or “"ACP” " test for the first Plan Year that the Plan permits Deferral Contributions or provides for either Employee or Matching Employer Contributions shall be applied assuming a 3% “"ADP” " and/or “"ACP” " for Non-Highly Non­-Highly Compensated Employees. (Do not choose unless Plan uses prior year testing method described in Subsection 1.06(a)(2).)