Applicable Plan Year definition
Examples of Applicable Plan Year in a sentence
Furthermore, under the Current Year Testing Method, in order to be taken into account in calculating the Contribution Percentage Amounts for a Participant who is a Non-Highly Compensated Employees for the Applicable Plan Year (the Plan Year that is being tested), the Qualified Non-Elective Contribution must be contributed no later than the end of the 12-month period following the Plan Year that is being tested.
Notwithstanding anything in this Plan to the contrary, for purposes of this Section 3.4, the “contribution percentage” for any group of individuals means the average of the individual ratios, for each person in such group, of (a) his share of Matching Contributions for the Plan Year (including an Applicable Plan Year) to (b) his Total Earnings for such Plan Year (or, if applicable, the portion thereof in which the individual is both a Member and an Eligible Employee).
Consequently, under the Prior Year Testing Method, in order to be used in calculating the Contribution Percentage Amounts for a Participant who is a Non-Highly Compensated Employees for the Applicable Plan Year (the Plan Year prior to the Plan Year that is being tested), the Qualified Non-Elective Contribution must be contributed no later than the end of the 12-month period following the Applicable Year even though the Applicable Year is different than the Plan Year that is being tested.
The status of an individual as a non-Highly Compensated Employee for an Applicable Plan Year shall be determined based on the definition of Highly Compensated Employee in effect for such Applicable Plan Year.
The ACP for Participants who are Highly Compensated Employees for the Plan Year that is being tested will not exceed the ACP for Participants who are Non-Highly Compensated Employees for the Applicable Plan Year multiplied by 2.0, provided, that the ACP for Participants who are Highly Compensated Employees for the Plan Year that is being tested does not exceed the ACP for Participants who are Non-Highly Compensated Employees for the Applicable Plan Year by more than 2 percentage points.
Notwithstanding anything in this Plan to the contrary, effective January 1, 1997, for purposes of this Section 3.3, the average deferral percentage for any group of individuals for a Plan Year (including an Applicable Plan Year) means the average of the individual ratios, for each person in such group, of (i) his share of Elective Contributions for the Plan Year to (ii) his Total Earnings for such Plan Year.
Notwithstanding anything in this Plan to the contrary, effective January 1, 1997, for purposes of this Section 3.4, the "contribution percentage" for any group of individuals means the average of the individual ratios, for each person in such group, of (a) his share of Matching Contributions for the Plan Year or Applicable Plan Year to (b) his Total Earnings for the Plan Year or Applicable Plan Year.
If the Employer makes the current year testing election in Option 17(a) of the Adoption Agreement, then the Average Deferral Percentage for the Eligible Participants who are Non-Highly Compensated Employees for the Applicable Plan Year shall be based on the actual Average Deferral Percentage for the Eligible Participants who are Non-Highly Compensated Employees for such first Plan Year.
Such additional contributions shall be made at such time as shall be necessary, pursuant to IRS Notice 98-1 (and corresponding successor guidance), to comply with the provisions of Article VI and to meet the requirements of Sections 3.4 and 3.5 for each Applicable Plan Year.
The term “Qualified Automatic Contribution Arrangement” means an Automatic Contribution Arrangement that meets all of the requirements set forth in Code §401(k)(13)(B) including, but not limited to, the applicable Qualified Percentage for the Applicable Plan Year (which terms are defined in the administrative policy regarding Elective Deferrals), the required QACA Contributions, and the applicable notice requirements.