Common use of Safe Harbor CODA Clause in Contracts

Safe Harbor CODA. If the Employer has elected the safe harbor CODA option in the Adoption Agreement, the provisions of this Section 3.13 shall apply for the Plan Year and any provisions relating to the actual deferral percentage test described in §401(k)(3) of the Code or the actual contribution percentage test described in §401(m)(2) of the Code do not apply. To the extent that any other provision of the Plan is inconsistent with the provisions of this Section and in accordance with Section 401(k)(12) of the Code and Treasury Regulations thereunder, the provisions of this Section govern.

Appears in 2 contracts

Samples: Trust Agreement (Northeast Community Bancorp Inc), Adoption Agreement (Newport Bancorp Inc)

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Safe Harbor CODA. If the Employer has elected the safe harbor CODA option in the Adoption Agreement, the provisions of this Section 3.13 3.14 shall apply for the Plan Year and any provisions relating to the actual deferral percentage test described in §401(k)(3) of the Code or the actual contribution percentage test described in §401(m)(2) of the Code do not apply. To the extent that any other provision of the Plan is inconsistent with the provisions of this Section 3.14 and in accordance with Code Section 401(k)(12) of the Code and Treasury Regulations thereunder, the provisions of this Section govern.3.14

Appears in 1 contract

Samples: Adoption Agreement (First Savings Financial Group Inc)

Safe Harbor CODA. If the Employer has elected the safe harbor CODA option in the Adoption Agreement, the provisions of this Section 3.13 3.14 shall apply for the Plan Year and any provisions relating to the actual deferral percentage test described in §401(k)(3ss.401(k)(3) of the Code or the actual contribution percentage test described in §401(m)(2ss.401(m)(2) of the Code do not apply. To the extent that any other provision of the Plan is inconsistent with the provisions of this Section and in accordance with Section 401(k)(12) of the Code and Treasury Regulations thereunderSection, the provisions of this Section govern.

Appears in 1 contract

Samples: Exhibit 10 (Atlantic Coast Federal Corp)

Safe Harbor CODA. If the Employer has elected the safe harbor CODA option in the Adoption Agreement, the provisions of this Section 3.13 3.14 shall apply for the Plan Year and any provisions relating to the actual deferral percentage test described in §'401(k)(3) of the Code or the actual contribution percentage test described in §'401(m)(2) of the Code do not apply. To the extent that any other provision of the Plan is inconsistent with the provisions of this Section 3.14 and in accordance with Code Section 401(k)(12) of the Code and Treasury Regulations thereunder, the provisions of this Section govern.3.14

Appears in 1 contract

Samples: Adoption Agreement (Sugar Creek Financial Corp./Md/)

Safe Harbor CODA. If the Employer has elected the safe harbor CODA option in the Adoption Agreement, the provisions of this Section 3.13 shall apply for the Plan Year and any provisions relating to the actual deferral percentage test described in §401(k)(3) of the Code or the actual contribution percentage test described in §401(m)(2) of the Code do not apply. To the extent that any other provision of the Plan is inconsistent with the provisions of this Section and in accordance with Section 401(k)(12) of the Code and Treasury Regulations thereunder, the provisions of this Section govern.

Appears in 1 contract

Samples: Adoption Agreement (Sugar Creek Financial Corp)

Safe Harbor CODA. If the Employer has elected the safe harbor CODA option in the Adoption Agreement, the provisions of this Section 3.13 3.14 shall apply for the Plan Year and any provisions relating to the actual deferral percentage test described in §401(k)(3) of the Code or the actual contribution percentage test described in §401(m)(2) of the Code do not apply. To the extent that any other provision of the Plan is inconsistent with the provisions of this Section 3.14 and in accordance with Code Section 401(k)(12) of the Code and Treasury Regulations thereunder, the provisions of this Section govern.3.14

Appears in 1 contract

Samples: Adoption Agreement (Cape Bancorp, Inc.)

Safe Harbor CODA. If the Employer has elected the safe harbor CODA option in the Adoption Agreement, the provisions of this Section 3.13 3.14 shall apply for the Plan Year and any provisions relating to the actual deferral percentage test described in §Section 401(k)(3) of the Code or the actual contribution percentage test described in §Section 401(m)(2) of the Code do not apply. To the extent that any other provision of the Plan is inconsistent with the provisions of this Section and in accordance with Section 401(k)(12) of the Code and Treasury Regulations thereunderSection, the provisions of this Section govern.

Appears in 1 contract

Samples: Agreement (Central Federal Corp)

Safe Harbor CODA. If the Employer has elected the safe harbor CODA option in the Adoption Agreement, the provisions of this Section 3.13 3.14 shall apply for the Plan Year and any provisions relating to the actual deferral percentage test described in §401(k)(3(S)401(k)(3) of the Code or the actual contribution percentage test described in §401(m)(2(S)401 (m)(2) of the Code do not apply. To the extent that any other provision of the Plan is inconsistent with the provisions of this Section and in accordance with Section 401(k)(12) of the Code and Treasury Regulations thereundersection, the provisions of this Section section govern.

Appears in 1 contract

Samples: Adoption Agreement (Bridge Street Financial Inc)

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Safe Harbor CODA. If the Employer has elected the safe harbor CODA option in the Adoption Agreement, the provisions of this Section 3.13 3.14 shall apply for the Plan Year and any provisions relating to the actual deferral percentage test described in §401(k)(3) of the Code or the actual contribution percentage test described in §401(m)(2) of the Code do not apply. To the extent that any other provision of the Plan is inconsistent with the provisions of this Section and in accordance with Section 401(k)(12) of the Code and Treasury Regulations thereunderSection, the provisions of this Section govern.

Appears in 1 contract

Samples: Adoption Agreement (Ottawa Savings Bancorp, Inc.)

Safe Harbor CODA. If the Employer has elected the safe harbor CODA option in the Adoption Agreement, the provisions of this Section 3.13 3.14 shall apply for the Plan Year and any provisions relating to the actual deferral percentage test described in §Section 401(k)(3) of the Code or the actual contribution percentage test described in §Section 401(m)(2) of the Code do not apply. To the extent that any other provision of the Plan is inconsistent with the provisions of this Section and in accordance with Section 401(k)(12) of the Code and Treasury Regulations thereundersection, the provisions of this Section section govern.

Appears in 1 contract

Samples: Adoption Agreement (Suntrust Banks Inc)

Safe Harbor CODA. If the Employer has elected the safe harbor CODA option in the Adoption Agreement, the provisions of this Section 3.13 3.14 shall apply for the Plan Year and any provisions relating to the actual deferral percentage test described in §401(k)(3ss.401(k)(3) of the Code or the actual contribution percentage test described in §401(m)(2ss.401(m)(2) of the Code do not apply. To the extent that any other provision of the Plan is inconsistent with the provisions of this Section and in accordance with Section 401(k)(12) of the Code and Treasury Regulations thereundersection, the provisions of this Section section govern.

Appears in 1 contract

Samples: Pulaski Financial Corp

Safe Harbor CODA. If the Employer has elected the safe harbor CODA option in the Adoption Agreement, the provisions of this Section 3.13 3.14 shall apply for the Plan Year and any provisions relating to the actual deferral percentage test described in §401(k)(3(S)401(k)(3) of the Code or the actual contribution percentage test described in §401(m)(2(S)401(m)(2) of the Code do not apply. To the extent that any other provision of the Plan is inconsistent with the provisions of this Section and in accordance with Section 401(k)(12) of the Code and Treasury Regulations thereunderSection, the provisions of this Section govern.

Appears in 1 contract

Samples: Adoption Agreement (CCSB Financial Corp)

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