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Safe Harbor Plans and minimum age


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Guest TLCPension
Posted

I have a plan that only requires six months to enter the plan and no age. We have a participant who is 17 and they want to exclude her from safe harbor or in general any employer contribution. Can this be done when the plan document does not specify it and if so what reg./etc. should I be looking at?

Posted

You must follow the terms of the plan document. This person could have been excluded from a Safe Harbor allocation without violating the Safe Harbor rules. Coulda, shoulda, woulda, though, means nothing.

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