Common use of Prior Year Testing Clause in Contracts

Prior Year Testing. Notwithstanding any other provision of this 401(k) Feature, the actual deferral percentage for a Plan Year for Members who are Highly Compensated Employees for such Plan Year and the prior year’s actual deferral percentage for Members who were Non-Highly Compensated Employees for the prior Plan Year must satisfy one of the following tests:

Appears in 5 contracts

Samples: Adoption Agreement (First Savings Financial Group Inc), Adoption Agreement (Sugar Creek Financial Corp), Trust Agreement (Northeast Community Bancorp Inc)

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Prior Year Testing. Notwithstanding any other provision of this 401(k) Feature, the actual deferral percentage for a Plan Year for Members who are Highly Compensated Employees for such Plan Year and the prior year’s =s actual deferral percentage for Members who were Non-Highly Compensated Employees for the prior Plan Year must satisfy one of the following tests:

Appears in 2 contracts

Samples: Adoption Agreement (Sugar Creek Financial Corp./Md/), Adoption Agreement (Cape Bancorp, Inc.)

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Prior Year Testing. Notwithstanding any other provision of this 401(k) Feature, the actual deferral percentage for a Plan Year for Members who are Highly Compensated Employees for such Plan Year and the prior year’s 's actual deferral percentage for Members who were Non-Highly Compensated Employees for the prior Plan Year must satisfy one of the following tests:

Appears in 1 contract

Samples: Pulaski Financial Corp

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