Safe Harbor 401(K) "Maybe" Notice

[thepensionmaven]

Where can I find more information on the above Safe Harbor 401(K) Maybe Notice, and possibly a sample?

Thanks.

Steve

[Archimage]

Notice 98-52 and 2000-3. If you have a plan doc provider, they should have something for you.

[Tom Poje]

final regs can be found here;

http://www.irs.gov/irb/2005-05_IRB/ar06.html

I give a serious recomendation to reading the safe harbor section (or even the preamble). remember, you dont want the language in the plan if you issue a maybe notice. you amend the plan to contain the language if you decide to go with the safe harbor.

and it could be only for the given year, though I am not exactly sure what the amendment would say in that case.

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sample language would be like this or something similar for the notice

A Nonelective Contribution equal to:

(i) % (not less than 3%) of your compensation.

(ii) a percentage (not less than 3%) of your compensation may be contributed to the plan. A SUPPLEMENTAL NOTIFICATION TO ELIGIBLE EMPLOYEES will be distributed to you at least 30 days prior to the end of the Plan Year informing you of the amount of the Nonelective Contribution, if any.