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.

Appears in 6 contracts

Samples: Alcoa Inc., Alcoa Inc., Alcoa Inc.

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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.

Appears in 4 contracts

Samples: Adoption Agreement, AVX Corp, Defined Contribution Plan (Cabot Microelectronics Corp)

First Year Testing Method. If the first Plan Year that the Plan, other than a successor plan, permits permitted Deferral Contributions or provides provided for either Employee or Matching Employer Contributions, occurs occurred on or after January 1, 1997 but prior to the Effective Date specified in Subsection 1.01(g1.01(g)(2), the "ADP" and/or "ACP" test for such first Plan Year shall be was applied using the actual "ADP" and/or "ACP" of Non-Highly Compensated Employees for such first Plan Year, unless otherwise provided below.

Appears in 2 contracts

Samples: Hudson City Bancorp Inc, Axsys Technologies Inc

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.

Appears in 2 contracts

Samples: Adoption Agreement (Atlas Financial Holdings, Inc.), Adoption Agreement (Atlas Financial Holdings, Inc.)

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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.

Appears in 1 contract

Samples: Defined Contribution Plan (Acadia Pharmaceuticals Inc)

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