Do you have "Use Own Level?" checked? That's the only way that a class special with Helper.OnlyCopy couldn't also have Helper.FirstCopy.
The ability you've described should not have "Independand Copies?" or "Use Own Level?" checked.
Also remember to check for Helper.ShowSpec along with your check for Helper.FirstCopy - the non-active copy won't get that tag, even if the ability's reached the correct level.
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