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© Peak One Administration 2016 22 <br />to be included on the Form 5500. Such information will be provided within thirty (30) <br />days of the Client’s request. <br />(b)Client is responsible for determining whether a Form 5500 is required and for timely and <br />accurately completing and submitting such Form 5500 to the appropriate governmental <br />authority. Client is responsible for reviewing the information provided by PSP to ensure <br />accuracy and completeness. <br />2.Discrimination Testing. PSP will, for the fees in the attached fees schedule, perform the <br />discrimination testing elected by Client below: <br />(a)Cafeteria Plan Key Employee Concentration Test. <br />i.PSP will perform once per plan year the Key Employee Concentration Test for <br />the Cafeteria Plan only. PSP will provide Client each plan year with a form <br />requesting data necessary to complete the tests. PSP will complete the testing <br />and provide a report summarizing its interpretations of the results, which are <br />based solely on the information provided by Client and/or the data maintained <br />by PSP in accordance with this Agreement, within a reasonable amount of time <br />after receipt of the requested information in light of the applicable facts and <br />circumstances that exist at the time PSP receives the completed data request <br />form. <br />ii.Client is responsible for completing the data request form and submitting it to <br />PSP within the specified time frame. <br />(b)Code Section 105(h) Eligibility Test. <br />i.PSP will conduct, once per plan year, based solely on information provided by <br />Client, the Eligibility Test required under Code Section 105(h). PSP will complete <br />the testing and provide a report summarizing its interpretations of the results, <br />which are based solely on the information provided by Client and/or the data <br />maintained by PSP in accordance with this Agreement, within a reasonable <br />amount of time after receipt of the requested information in light of the <br />applicable facts and circumstances that exist at the time PSP receives the <br />completed data request form. <br />ii.Client is responsible for completing the data request form and submitting it to <br />PSP within the specified time frame. <br />(c)Code Section 129 Nondiscrimination Testing. <br />i.PSP will conduct, once per plan year, based solely on information provided by <br />Client, the following nondiscrimination testing required under Code Section 129: <br />(i)Eligibility Test, (ii) fifty-five percent (55%) Average Benefits Test, and (iii) <br />twenty-five percent (25%) Shareholder Concentration Test. PSP will provide <br />Client, each plan year, with a form requesting data necessary to complete the <br />tests. PSP will complete the testing and provide a report summarizing its <br />interpretations of the results, which are based solely on the information <br />provided by Client and information maintained by PSP in accordance with this <br />Agreement, within a reasonable amount of time after receipt of the requested <br />information in light of the applicable facts and circumstances that exist at the <br />time PSP receives the completed data request form. <br />X <br />X <br />X