Safe Harbor Effective Date/ Eligibility Issue

[chris]

Safe harbor 401(k) to be added to current PSP. Effective date of 401(k) portion/deferrals is to be 2/1/04. Would it be allowable to draft document such that all e/ee's employed on Jan. 1, 2004 are eligible for and enter the 401(k) portion of the plan as of Jan. 1, 2004 even though the effective date is 2/1/04? Doesn't make much sense, but thought I'd ask..... Will probably have to draft document such that e/ee's employed as of 2/1/04 are eligible and add special language regarding 2/1/04 being an entry date for 2004 plan year only.....? Any suggestions?.... Thanks.