Common use of Multiple Use Clause in Contracts

Multiple Use. If one or more Highly Compensated Employees participate in both a Section 401(k) arrangement and a plan subject to the ACP test maintained by CNG or an Affiliate and the sum of the ADP and ACP of those Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, then the ACP of those Highly Compensated Employees who also participate in a Section 401(k) arrangement will be reduced so that the limit is not exceeded. The amount by which the ACP is reduced shall be treated as Excess Aggregate Contributions and allocated to Highly Compensated Employees as provided in Section 4.09(d) below. The ADP and ACP of the Highly Compensated Employees used for this purpose are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either the ADP or ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP or ACP of the Non-highly Compensated Employees for the next preceding Plan Year or, if CNG has so elected by Plan amendment under Section 4.08(b)(3) or 4.09(b)(4), the current Plan Year.

Multiple Use. If Effective for Plan Years beginning on or after January 1, 1997, if one or more Highly Compensated Employees participate in both a Section 401(kcash or deferred arrangement (CODA) arrangement and a plan Plan subject to the ACP test maintained by CNG or an Affiliate the Employer, and the sum of the ADP and ACP of those Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, then the ACP of those Highly Compensated Employees who also participate in a Section 401(k) arrangement CODA will be reduced in the manner described in Section Five of the Plan so that the limit is not exceeded. The amount by which the ACP each Highly Compensated Employee's Contribution Percentage Amounts is reduced shall be treated as an Excess Aggregate Contributions and allocated to Highly Compensated Employees as provided in Section 4.09(d) belowContribution. The ADP and ACP of the Highly Compensated Employees used for this purpose are determined after any corrections required to meet the ADP and ACP teststests and are deemed to be the maximum permitted under such tests for the Plan Year. Multiple use does not occur if either the ADP or and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP or and ACP of the Nonnon-highly Highly Compensated Employees for the next preceding Plan Year or, if CNG has so elected by Plan amendment under Section 4.08(b)(3) or 4.09(b)(4), the current Plan YearEmployees.

Multiple Use. If one or more Highly Compensated Employees participate in both a Section 401(k) cash or deferred arrangement and a plan Plan subject to the ACP test maintained by CNG or an Affiliate the Employer and the sum of the ADP and ACP of those Highly Compensated Employees subject to either or both tests exceeds the Aggregate Limit, then the ACP of those Highly Compensated Employees who also participate in a Section 401(k) cash or deferred arrangement will be reduced (beginning with such Highly Compensated Employee whose ACP is the highest) so that the limit is not exceeded. The amount by which the ACP each Highly Compensated Employee's Contribution Percentage amounts is reduced shall be treated as an Excess Aggregate Contributions and allocated to Highly Compensated Employees as provided in Section 4.09(d) belowContribution. The ADP and ACP of the Highly Compensated Employees used for this purpose are determined after any corrections required to meet the ADP and ACP tests. Multiple use does not occur if either the ADP or and ACP of the Highly Compensated Employees does not exceed 1.25 multiplied by the ADP or and ACP of the Non-highly Compensated Employees for the next preceding Plan Year or, if CNG has so elected by Plan amendment under Section 4.08(b)(3) or 4.09(b)(4), the current Plan YearEmployees.