Common use of Average Contribution Percentage Test Clause in Contracts

Average Contribution Percentage Test. The annual allocation derived ------------------------------------ from Employee Contributions, Employer Matching Contributions, and Qualified Matching Contributions to a Participant's Individual Account shall satisfy one of the following tests: (i) The Average Contribution Percentage for Participants who are Eligible Highly Compensated Employees for the Plan Year shall not exceed the Average Contribution Percentage for Participants who are Eligible Nonhighly Compensated Employees for the Plan Year multiplied by 1.25; or (ii) The Average Contribution Percentage for Participants who are Eligible Highly Compensated Employees for the Plan Year shall not exceed the Average Contribution Percentage for Participants who are Eligible Nonhighly Compensated Employees for the Plan Year multiplied by two (2); provided that the Average Contribution Percentage for Participants who are Eligible Highly Compensated Employees for the Plan Year does not exceed the Average Contribution Percentage for Participants who are Eligible Nonhighly Compensated Employees for the Plan Year by more than two (2) percentage points or the amount prescribed in applicable Treasury regulations to prevent the multiple use of this alternative limitation for any Highly Compensated Employee.

Average Contribution Percentage Test. The annual allocation derived ------------------------------------ from provisions of this Section shall apply if Employer contributions are made in any Plan Year under Section 4.2(a) and/or if Employee Contributionsafter-tax contributions are made to the Plan under Section 4.5. As of the last day of each Plan Year, Employer Matching Contributions, and Qualified Matching Contributions to a Participant's Individual Account the average contribution percentage for Highly-Compensated Employees for the Plan Year shall satisfy one either of the following tests: (i1) The Average Contribution Percentage average contribution percentage for eligible Participants who are Eligible Highly Highly-Compensated Employees for the Plan Year shall not exceed the Average Contribution Percentage average contribution percentage for eligible Participants who are Eligible Nonhighly Nonhighly-Compensated Employees for the Plan Year multiplied by 1.25; or (ii2) The Average Contribution Percentage average contribution percentage for eligible Participants who are Eligible Highly Highly-Compensated Employees for the Plan Year shall not exceed the Average Contribution Percentage average contribution percentage for eligible Participants who are Eligible Nonhighly Nonhighly-Compensated Employees for the Plan Year multiplied by two (2); , provided that the Average Contribution Percentage average contribution percentage for eligible Participants who are Eligible Highly Highly-Compensated Employees for the Plan Year does not exceed the Average Contribution Percentage average contribution percentage for eligible Participants who are Eligible Nonhighly Nonhighly-Compensated Employees for the Plan Year by more than two (2) percentage points or such lesser amount as the amount prescribed in applicable Secretary of the Treasury regulations shall prescribe to prevent the multiple use of this alternative limitation for with respect to any Highly Highly-Compensated Employee.