Guest ANNEBV Posted January 20, 2003 Posted January 20, 2003 Does IRS Notice 98-52 still govern re: no allocation conditions may be imposed on safe harbor contributions? Client makes 3% SH contribution to all eligible employees. This means that ALL employees eligible to make 401(k) contributions during the year receive the 3% SH contribution, correct? No hours or employment conditions allowed, even if coverage is still passed using those conditions (terms < 500 hours, etc.), correct?
Tom Poje Posted January 20, 2003 Posted January 20, 2003 correct, and if plan is cross tested you would have to provide additional (subject to vesting contribution) to cover minimum gateway. The only exception is if in your notice you excluded those people who were otherwise excludable. e.g. plan has immediate eligibility, it is possible to impose a 1 year eligibility on the safe harbor
Archimage Posted January 20, 2003 Posted January 20, 2003 You could have designed the plan with the SHNEC given to only those participants who have completed a year of service and age 21. However, if the plan already has these requirements to enter the plan then this doesn't matter.
katieinny Posted January 30, 2003 Posted January 30, 2003 I would like to take this a step further -- I client has a nonstandardized Safe Harbor 401(k) plan. The client includes all classes of EEs in the elective deferral portion of the plan. One of the HCEs will be moving into a class of EEs called "light bulb changers." (I'm kidding of course, but you get the point.) He will still be able to make elective deferrals, but the ER is planning on excluding this class of EEs from receiving PS contributions. Can this class also be excluded from receiving Safe Harbor contributions?
Archimage Posted January 30, 2003 Posted January 30, 2003 If the division consists of only HCEs then I think you can. However, you cannot if this person is moving to NHCE status or there are any other NHCEs in your group. Notice 98-52 says that employees that are eligible for the 401(k) deferral arrangement must get the safe harbor contribution. You are also at the mercy of your prototype.
Tom Poje Posted January 30, 2003 Posted January 30, 2003 a bit sloppily written: "Notice 98-52 says that employees that are eligible for the 401(k) deferral arrangement must get the safe harbor contribution." the actual wording 98-52 V-B-1a "The matching contribution requirement...i satisfied if...either the basic matching formula or an enhanced mtahcing formula...is made on behalf of each NHCE who is an eligible employee" a similar rule exists for the nonelective. so it appears you can pick and choose those HCEs to receive a safe harbor, but not NHCEs, of course.
Archimage Posted January 30, 2003 Posted January 30, 2003 Are you saying I write sloppily or Notice 98-52 is?
Tom Poje Posted January 30, 2003 Posted January 30, 2003 actually, in your haste you simply said that 'employees' eligible for the 401k must get a safe harbor, rathor than 'NHCEs'. ....... Talk about calling the kettle black, my desk is probably tops when it comes to sloppy.
katieinny Posted January 31, 2003 Posted January 31, 2003 A PS plan had a one year of service requirement. Then the ER adds a Safe Harbor 401(k) feature. If he allows everyone employed on June 1, 2002 to make elective deferral contributions, can he still require those same EEs to work 1 year to be eligible for the safe harbor contribution?
Archimage Posted January 31, 2003 Posted January 31, 2003 Yes, but you would have to disaggregate those participants and test them.
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now