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Safe harbor 401(k) "eligible employees"


Guest jpersa

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Posted

Must the 3% non-elective safe harbor contribution in a 401(k) plan be made to all "eligible" employees or only to those eligible and particpating by making elective deferrral contributions.

Posted

all eligible ees regardless of whether they defer.

depending on your notification, it can be limited to those who have met the 1 year/age 21 requireents (if plan had immediate eligibility for deferral)

if the plan was a match, obviously it would only go to those deferring. but since it is the 3% nonelective it goes to all. that is why your initial notification for the year only has to say 'we might make a 3% safe harbor', because it has no effect on whether soeone defers.

Posted

98-52

V.B.2.

The nonelective contribution requirement of this section is satisfied, if, under the ters of the plan, the employer is required to make a safe harbor nonelective contribution on behalf of each NHCE who is an eligible employee to at least 3 percent of the employee's compensation.

Note:you could exclude HCEs

2000-3

Q-10 added the stipulation that eligible could refer to only those who attained age 21/1 year of service.

Dang you people. you are going to make me learn safe harbor plans yet, aren't you?

Posted

My apologies. My post here was intended for a different thread! Of course it is everybody. I meant this question for the 15% maximum profit sharing question.

Sorry for the confusion and for making you research this!

(Errant message deleted)

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