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We are looking at putting in a cross tested plan with following contributions:

1. 401(k)

2. 3% Nonelective Safe harbor

3. Match 2/3 of 401k up to 4% of pay

4. Profit Sharing Cross tested

It is our understanding the only discrimination test to apply are 401(a)4 as follows:

First--2 & 4 are subject to Ratio test under 401(a)(4)

Next--if ratio test fail fo any group, all sources are included in Average benefits % tests.

ADP and ACP are not applicable. Correct? If not, help.

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