Common use of Prior Year Testing Method Clause in Contracts

Prior Year Testing Method. The ACP for a Plan Year for Eligible Members who are Highly Compensated Employees for each Plan Year and the prior year’s ACP for Eligible Members who were Nonhighly Compensated Employees for the prior Plan Year must satisfy one of the following tests: i) The ACP for a Plan Year for Eligible Members who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s ACP for Eligible Members who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 1.25; or ii) The ACP for a Plan Year for Eligible Members who are Highly Compensated Employees for the Plan Year: A shall not exceed the prior year’s ACP for Eligible Members who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 2, and B the difference between such ACPs is not more than 2. If this is not a successor plan, for the first Plan Year the Plan permits any Member to make Member Contributions, provides for Matching Contributions, or both, for purposes of the foregoing tests, the prior year’s Nonhighly Compensated Employees’ ACP shall be 3 percent, unless we have elected in Item K(2)(c)(i) to use the Plan Year’s ACP for these Eligible Members.

Prior Year Testing Method. The ACP ADP for a Plan Year for Eligible Members who are Highly Compensated Employees for each Plan Year and the prior year’s ACP 's ADP for Eligible Members who were Nonhighly Compensated Employees for the prior Plan Year must satisfy one of the following tests: i) The ACP ADP for a Plan Year for Eligible Members who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s ACP 's ADP for Eligible Members who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 1.25; or ii) The ACP ADP for a Plan Year for Eligible Members who are Highly Compensated Employees for the Plan Year: A shall not exceed the prior year’s ACP 's ADP for Eligible Members who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 2, and B the difference between such ACPs ADPs is not more than 2. If this is not a successor plan, for the first Plan Year the Plan permits any Member to make Member Elective Deferral Contributions, provides for Matching Contributions, or both, for purposes of the foregoing tests, the prior year’s 's Nonhighly Compensated Employees’ ACP ' ADP shall be 3 percent, unless we have elected in Item K(2)(c)(iK(2)(b)(i) to use the Plan Year’s ACP 's ADP for these Eligible Members.

Prior Year Testing Method. The ACP ADP for a Plan Year for Eligible Members Participants who are Highly Compensated Employees for each Plan Year and the prior year’s ACP ADP for Eligible Members Participants who were Nonhighly Compensated Employees for the prior Plan Year must satisfy one of the following tests: i) The ACP ADP for a Plan Year for Eligible Members Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s ACP ADP for Eligible Members Participants who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 1.25; or ii) The ACP ADP for a Plan Year for Eligible Members Participants who are Highly Compensated Employees for the Plan Year: A : A. shall not exceed the prior year’s ACP ADP for Eligible Members Participants who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 2, and B and B. the difference between such ACPs ADPs is not more than 2. If this is not a successor plan, for the first Plan Year the Plan permits any Member Participant to make Member Elective Deferral Contributions, provides for Matching Contributions, or both, for purposes of the foregoing tests, the prior year’s Nonhighly Compensated Employees’ ACP ADP shall be 3 percent, unless we have the Employer elected in Item K(2)(c)(iL(2)(b)(i) to use the Plan Year’s ACP ADP for these Eligible MembersParticipants. An Employer Group may make a separate election under this section. Any elections must be made in writing and in accordance with the regulations under Code Section 401(k) and shall be included as a permanent part of the Plan.

Prior Year Testing Method. The ACP ADP for a Plan Year for Eligible Members Participants who are Highly Compensated Employees for each Plan Year and the prior year’s ACP ADP for Eligible Members Participants who were Nonhighly Compensated Employees for the prior Plan Year must satisfy one of the following tests: : i) The ACP ADP for a Plan Year for Eligible Members Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s ACP ADP for Eligible Members Participants who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 1.25; or or ii) The ACP ADP for a Plan Year for Eligible Members Participants who are Highly Compensated Employees for the Plan Year: A A. shall not exceed the prior year’s ACP ADP for Eligible Members Participants who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 2, and B B. the difference between such ACPs ADPs is not more than 2. If this is not a successor plan, for the first Plan Year the Plan permits any Member Participant to make Member Elective Deferral Contributions, provides for Matching Contributions, or both, for purposes of the foregoing tests, the prior year’s Nonhighly Compensated Employees’ ACP ADP shall be 3 percent, unless we have the Employer elected in Item K(2)(c)(iL(2)(b)(i) to use the Plan Year’s ACP ADP for these Eligible MembersParticipants. An Employer Group may make a separate election under this section. Any elections must be made in writing and in accordance with the regulations under Code Section 401(k) and shall be included as a permanent part of the Plan.

Prior Year Testing Method. The ACP ADP for a Plan Year for Eligible Members who are Highly Compensated Employees for each Plan Year and the prior year’s ACP ADP for Eligible Members who were Nonhighly Compensated Employees for the prior Plan Year must satisfy one of the following tests: i) The ACP ADP for a Plan Year for Eligible Members who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s ACP ADP for Eligible Members who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 1.25; or ii) The ACP ADP for a Plan Year for Eligible Members who are Highly Compensated Employees for the Plan Year: A shall not exceed the prior year’s ACP ADP for Eligible Members who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 2, and B the difference between such ACPs ADPs is not more than 2. If this is not a successor plan, for the first Plan Year the Plan permits any Member to make Member Elective Deferral Contributions, provides for Matching Contributions, or both, for purposes of the foregoing tests, the prior year’s Nonhighly Compensated Employees’ ACP ADP shall be 3 percent, unless we have elected in Item K(2)(c)(iK(2)(b)(i) to use the Plan Year’s ACP ADP for these Eligible Members.

Prior Year Testing Method. The ACP for a Plan Year for Eligible Members Participants who are Highly Compensated Employees for each Plan Year and the prior year’s ACP for Eligible Members Participants who were Nonhighly Compensated Employees for the prior Plan Year must satisfy one of the following tests: i) The ACP for a Plan Year for Eligible Members Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s ACP for Eligible Members Participants who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 1.25; or ii) The ACP for a Plan Year for Eligible Members Participants who are Highly Compensated Employees for the Plan Year: A : A. shall not exceed the prior year’s ACP for Eligible Members Participants who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 2, and B and B. the difference between such ACPs is not more than 2. If this is not a successor plan, for the first Plan Year the Plan permits any Member Participant to make Member Participant Contributions, provides for Matching Contributions, or both, for purposes of the foregoing tests, the prior year’s Nonhighly Compensated Employees’ ACP shall be 3 percent, unless we have the Employer elected in Item K(2)(c)(iL(2)(c)(i) to use the Plan Year’s ACP for these Eligible MembersParticipants. An Employer Group may make a separate election under this section. Any elections must be made in writing and in accordance with the regulations under Code Section 401(m) and shall be included as a permanent part of the Plan.

Prior Year Testing Method. The ACP for a Plan Year for Eligible Members Participants who are Highly Compensated Employees for each Plan Year and the prior year’s ACP for Eligible Members 46 Participants who were Nonhighly Compensated Employees for the prior Plan Year must satisfy one of the following tests: : i) The ACP for a Plan Year for Eligible Members Participants who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s ACP for Eligible Members Participants who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 1.25; or or ii) The ACP for a Plan Year for Eligible Members Participants who are Highly Compensated Employees for the Plan Year: A A. shall not exceed the prior year’s ACP for Eligible Members Participants who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 2, and B B. the difference between such ACPs is not more than 2. If this is not a successor plan, for the first Plan Year the Plan permits any Member Participant to make Member Participant Contributions, provides for Matching Contributions, or both, for purposes of the foregoing tests, the prior year’s Nonhighly Compensated Employees’ ACP shall be 3 percent, unless we have the Employer elected in Item K(2)(c)(iL(2)(c)(i) to use the Plan Year’s ACP for these Eligible MembersParticipants. An Employer Group may make a separate election under this section. Any elections must be made in writing and in accordance with the regulations under Code Section 401(m) and shall be included as a permanent part of the Plan.

Prior Year Testing Method. The ACP for a Plan Year for Eligible Members who are Highly Compensated Employees for each Plan Year and the prior year’s 's ACP for Eligible Members who were Nonhighly Compensated Employees for the prior Plan Year must satisfy one of the following tests: i) The ACP for a Plan Year for Eligible Members who are Highly Compensated Employees for the Plan Year shall not exceed the prior year’s 's ACP for Eligible Members who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 1.25; or ii) The ACP for a Plan Year for Eligible Members who are Highly Compensated Employees for the Plan Year: A shall not exceed the prior year’s 's ACP for Eligible Members who were Nonhighly Compensated Employees for the prior Plan Year multiplied by 2, and B the difference between such ACPs is not more than 2. If this is not a successor plan, for the first Plan Year the Plan permits any Member to make Member Contributions, provides for Matching Contributions, or both, for purposes of the foregoing tests, the prior year’s 's Nonhighly Compensated Employees’ ' ACP shall be 3 percent, unless we have elected in Item K(2)(c)(i) to use the Plan Year’s 's ACP for these Eligible Members.