Aggregate. LIMIT The sum of: (a) 125 percent of the greater of the ADP of the non-Highly Compensated Employees for the Plan Year or the ACP of non-Highly Compensated Employees under the Plan subject to Code Section 401(m) for the Plan Year beginning with or within the Plan Year of the cash or deferred arrangement as described in Code Section 401(k) or Code Section 402(h)(1)(B) and (b) the lesser of 200% or two plus the lesser of such ADP or ACP. Alternatively, the Aggregate Limit may be expressed by substituting the word "lesser" for the word "greater" where it appears in the first line of sub-paragraph (a) and substituting the word "greater" for the word "lesser" where it appears for the second time in the first line of sub-paragraph (b).
Appears in 2 contracts
Sources: Cash or Deferred Profit Sharing Plan (Port Financial Corp), 401(k) Plan Document (Berkshire Hills Bancorp Inc)