Safe Harbor Amendment

[Jilliandiz]

Plan is a traditional 401(k) plan, that wants to be amended to become a 401(k) Safe Harbor Plan.

Can I just do an amendment to the plan, or do I have to restate the entire plan document to add a

Safe Harbor feature? I know I must provide the notice also.

Thanks

[Bird]

In theory you could amend it, but I think it's actually more efficient, and safer, to restate it.

[namealreadyinuse]

There is no legal difference between an amendment and a restatement that I know of.

[k man]

it depends what type of document you use. if it is a prototype, chances are you could just file a one page amendment selecting the safe harbor choice. i dont see why it would be necessary to restate the doc in its entirety.

[James Matt Ullakko]

If you are using pre-approved document and fortunate enough to be using a document database to create your adoption agreements, I'd make the argument to just restate, re-execute, & replace all of the prior docs. Otherwise, you have separate amendments laying around and it becomes a burden to keep track of, for the plan sponsor and the service provider.