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Posted

Have a 401(k) safe harbor plan that uses a SHNEC. There is a former participant (terminated in mid-2001) that received a W-2 in 2002 for worked performed in early 2001. Is this person entitled to the SHNEC?

These are the only facts I currently have.

Posted

You need to check the plan doc re eligibility. However, since you said the person was a former "participant" that tells me they were eligible to receive the safe harbor contribution b/c other than the initial eligibility requirements no restrictions can be imposed on the SHNEC, e.g., 1000 hours or employment on the last day of the plan year.

Posted

That was my feeling as well. I am waiting to receive the doc for review. Yes, the person was eligible for the plan before termination.

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