Nondiscrimination Testing Clause Samples

Nondiscrimination Testing. A Plan may use different testing methods for the ADP and ACP Tests provided the Plan does not permit recharacterization of Excess Contributions, Elective Deferrals to be used in the ACP Test, or Qualified Matching Contributions to be used in the ADP Test.
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Nondiscrimination Testing. A. For the Plan Years ending August 31, 1997 through August 31, 2001 and December 31, 2001, the Employer did not make a top-paid group election for purposes of identifying Highly Compensated Employees under Plan Section 1.30. B. For the Plan Years ending August 31, 1997 through August 31, 2001 and December 31, 2001, the Employer did not make a calendar year election for purposes of identifying Highly Compensated Employees under Plan Section 1.30. C. For the Plan Years ending August 1997 through August 31, 2001 and December 31, 2001, the current year data method was used in performing the Actual Deferral Percentage (“ADP”) Test pursuant to Plan Section 3.05. For the Plan Years ending August 31, 1997 through August 31, 2001 and December 31, 2001, the current year data method was used in performing the Actual Contribution Percentage (“ACP”) Test. D. For Plan Years after December 31, 2001, the Employer will calculate the ADP Test pursuant to Plan Section 3.05 and the ACP Test pursuant to Plan Section 3.09 by using the prior year testing method.
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Nondiscrimination Testing. A. The Actual Deferral Percentage ("ADP") Test pursuant to Plan Section 3.05 and the Actual Contribution Percentage ("ACP") Test pursuant to Plan Section 3.09 shall be performed by using the prior year testing method. The Adoption Agreement shall only be used in conjunction with the basic plan document identified as the Metals USA, Inc. Union 401(k) Plan.
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Nondiscrimination Testing 
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Related to Nondiscrimination Testing

  • Nondiscrimination The Contractor, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

  • Nondiscrimination Requirement During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement.

  • Nondiscrimination and Equal Opportunity Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the City or this Agreement.

  • D3 Discrimination The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Sex Discrimination Act 1975, the Race Relations Act 1976, the Equal Pay Act 1970, the Disability Discrimination Act 1995, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Age) Regulations 2006, the Equality Act 2006, the Human Rights Act 1998 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.

  • Nondiscrimination in Employment Consultant shall not discriminate against any employee or applicant for employment on any basis prohibited by law. Contractor shall provide equal opportunity in all employment practices. Consultants shall ensure that their subcontractors comply with this program. Nothing in this Section shall be interpreted to hold a Consultant liable for any discriminatory practice of its subcontractors.