401k safe harbor

[Guest kbett]

What filings, tests etc are required for a 401k under safe harbor?

[lexi]

If you look at the safe harbor regs 1.401(k)-3 and (m) (i think), there is a list of requirements you have to satisfy (e.g., notice, plan year must be 12 months, unless you are starting a new SH plan, in which case 3 month plan year is fine, etc).

[stephen]

... Form 5500, SAR, Top Heavy, depending on provisions maybe ACP, ...

[Tom Poje]

Tests:

since you can't have allocation conditions then coverage should be a moot point.

there is no ADP test

maybe an ACP test depending on exactly what you are providing

no top heavy unless you provide additional contributions.

must provide notice at least 30 days before plan year begins every year.

filings: same as any other plan

[stephen]

Tom,

Shouldn't they still do the top heavy test as it applies to the following year (e.g 2006 Top Heavy test for 2007 plan year)? What if they consider (or actually stop making) safe harbor contributions in 2007? That way they already have the test completed (or perhaps none of your clients ever stop making safe harbor contributions or add provisions to their plan that may nullify the safe-harbor protection from top heavy...)

Stephen