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Posted

Can someone please explain how the final 401(k) regs effect the safe harbor notice? do you need to include information about specific plan provisions?

Posted

The Final K and M regs revised the items that the SH notice can reference in the SPD.

In particular, no longer can the vesting and in-service withdrawal provisions reference the SPD. They must be spelled out in the notice.

Posted

that is one of the most rediculous things the IRS has ever done. for service providers that are responsible for 100's of plans it has become more difficult to notify employees.

Guest jetfaninmn
Posted

Is there a site with sample verbage?

Posted

I believe that was an oversight and IRS, unfortunately, informally, is requesting comments from practitioners to protest this omission.

Posted

For those of us that have already sent out our safe harbor notices, should we send out revised ones or not? So much for trying to be efficient.

QPA, QKA

Posted

Good question! The regulations are effective for the 2006 plan year; so,

Option 1: They are not effective for the safe harbor notice, because it is still 2005.

Option 2: They are effective for the safe harbor notice, because it is being issued for the 2006 plan year.

Posted

IRS reps at the ASPPA Annual Conference were pretty clear that it is option #2. The regulations apply for the 2006 plan year. That would include the notice given now for the 2006 Plan Year

Guest darrensoup
Posted
Can someone please explain how the final 401(k) regs effect the safe harbor notice? do you need to include information about specific plan provisions?

If you already sent SH notices to clients early, are most of you changing them? The notices we already sent reference the SPD regarding other contributions.

Posted
If you already sent SH notices to clients early, are most of you changing them? The notices we already sent reference the SPD regarding other contributions.

We are resending. Its a pain, but we'd rather be safe.

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