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A plan with large amounts of prevailinge wage QNECs is failing ADP. Here is my question:

 

1.401(k)-2(6)(iv)(A) says the following: General rule. Qualified nonelective contributions cannot be taken into account for a plan year for an NHCE to the extent such contributions exceed the product of that NHCE's compensation and the greater of 5% or two times the plan's representative contribution rate. Any qualified nonelective contribution taken into account under an ACP test under § 1.401(m)-2(a)(6) (including the determination of the representative contribution rate for purposes of § 1.401(m)-2(a)(6)(v)(B)), is not permitted to be taken into account for purposes of this paragraph (a)(6) (including the determination of the representative contribution rate under paragraph (a)(6)(iv)(B) of this section).

1.401(k)-2(6)(iv)(D) says the following: Special rule for prevailing wage contributions. Notwithstanding paragraph (a)(6)(iv)(A) of this section, qualified nonelective contributions that are made in connection with an employer's obligation to pay prevailing wages under the Davis-Bacon Act (46 Stat. 1494), Public Law 71-798, Service Contract Act of 1965 (79 Stat. 1965), Public Law 89-286, or similar legislation can be taken into account for a plan year for an NHCE to the extent such contributions do not exceed 10 percent of that NHCE's compensation.

 

Does the term "Notwithstanding" in 1.401(k)-2(6)(iv)(D) mean that if the representative rate calculated in 1.401(k)-2(6)(iv)(A) was greater than the 10% discussed in 1.401(k)-2(6)(iv)(D) then we would still be able to use amounts in excess of 10% if the plan's representative rate calculated in 1.401(k)-2(6)(iv)(A) was greater than 10%?

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