Nondiscrimination Tests Clause Samples

The Nondiscrimination Tests clause ensures that certain benefits, such as those provided by employee benefit plans, are offered in a manner that does not favor highly compensated employees or specific groups over others. In practice, this clause requires the plan administrator to regularly evaluate the plan using IRS-prescribed tests to confirm that eligibility, contributions, and benefits are distributed fairly among all eligible employees. Its core function is to maintain compliance with tax laws and prevent the loss of favorable tax treatment by ensuring equitable access to benefits and avoiding discriminatory practices.
Nondiscrimination Tests. The ADP and ACP tests described in Section 3.07 are treated as satisfied for any Year for which this section applies.
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Nondiscrimination Tests. The Plan is treated as meeting the requirements of Code §401(k)(3)(A)(ii) and §401(m)(2) for any Year for which the provisions of this Section are effective and satisfied.
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Nondiscrimination Tests. The ADP and ACP tests described in Sections 2.7.1 and 2.7.3 of the Plan are treated as satisfied for any Year for which this Article applies.
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Nondiscrimination Tests. The Plan is treated as meeting the requirements of Code Sections 401(k)(3)(A)(ii) and 401(m)(2) for any "year" for which the provisions of this Article are effective and satisfied. Accordingly, Sections 11.4, 11.5, 11.6 and 11.7 shall not apply to the Plan.
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Nondiscrimination Tests. In no event may amounts taken into account for the purpose of satisfying the Actual Deferral Percentage Test, the Actual Contribution Percentage Test, or the Alternative Limitation Test be used for the purpose of satisfying any other nondiscrimination test under Section 401 of the Code.
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Related to Nondiscrimination Tests

  • Nondiscrimination The Contractor, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

  • Nondiscrimination Requirement During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement.

  • Nondiscrimination and Equal Opportunity Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the City or this Agreement.

  • Nondiscrimination in Employment Consultant shall not discriminate against any employee or applicant for employment on any basis prohibited by law. Contractor shall provide equal opportunity in all employment practices. Consultants shall ensure that their subcontractors comply with this program. Nothing in this Section shall be interpreted to hold a Consultant liable for any discriminatory practice of its subcontractors.

  • D3 Discrimination The Contractor shall not unlawfully discriminate either directly or indirectly on such grounds as race, colour, ethnic or national origin, disability, sex or sexual orientation, religion or belief, or age and without prejudice to the generality of the foregoing the Contractor shall not unlawfully discriminate within the meaning and scope of the Sex Discrimination Act 1975, the Race Relations Act 1976, the Equal Pay Act 1970, the Disability Discrimination Act 1995, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Age) Regulations 2006, the Equality Act 2006, the Human Rights Act 1998 or other relevant or equivalent legislation, or any statutory modification or re-enactment thereof.