Megan H

I know the cut-off date for relief for Coronavirus related distributions under CARES is 12/31/20. The situation is the participant requested the distribution before that date (instructions received on 12/29), however it was not actually processed until January. Could this qualify as a CRD?

I have been reading summaries of SECURE published by various sources, but one I came across recently said something I had not seen before regarding the elimination of the safe harbor notice requirement for nonelective safe harbor plans: nonelective contribution safe harbor plans that have matching contributions intended to fall within the ACP safe harbor must still give notice. This would mean that even if a plan is utilizing a safe harbor nonelective contribution for the year, if you are providing a discretionary matching contribution as well, the notice is still required each year? The reasoning is that Code Section 401(m)(11) was not amended by SECURE Act. Code Section 401(m)(11) defines the ACP test safe harbor and says the plan must meet the contribution requirements of 401(k)(12)(B) (match) or (C) and meet the notice requirements of 401(k)(12)(D). Again, this is the first time I saw someone point this out so I am curious if this is everyone's understanding as well. Thanks!