Amendment of traditional 401(k) to make it safe harbor

[movedon]

I have a client who wants to amend it's traditional calendar-year 401(k) plan and make it safe harbor, and, of course, doesn't want to wait until next year to do it. Anyone know a reason why they couldn't amend the plan year to 7/1-6/30, issue safe harbor notices by 6/1/6 and add the safe harbor provision effective for the 7/1/6-6/30/7 plan year?

[Bob R]

No legal reason that I know of that would prevent it. From a practical perspective, operating a non-calendar year plan that isn't the same as the employer's fiscal year always leads to confusion.