AdKu Posted March 13, 2017 Share Posted March 13, 2017 Can I exclude all HCEs from receiving Safe Harbor Nonelective if the current plan document doesn't have any specific language to do so (below is the language from the plan document and the spd)? I moved this question as a follow-up question Link to comment Share on other sites More sharing options...
CuseFan Posted March 13, 2017 Share Posted March 13, 2017 Don't see your language, but the plan says that either all eligible participants get the SH or it specifically limits who gets SH. Based on the wording of your question I'm guessing it does not exclude anyone from the SH so everyone, including HCEs, must receive. This is not optimal design if part of cross-testing PS or DB/DC combo because young HCEs (e.g., owner's children) can really blow up your results (enter restructuring). Good luck Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com Link to comment Share on other sites More sharing options...
Bird Posted March 14, 2017 Share Posted March 14, 2017 Yeah, I believe the plan - and the SH notice - would have to specify that HCEs don't get it. Even if it is a "maybe" notice I think it has to specify that. Ed Snyder Link to comment Share on other sites More sharing options...
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