401(k) Safe Harbor Notice

[Guest greymann]

Does anyone know the latest on where the Treasury is with providing a model notice that can be used to satisfy the safe harbor notice requirement in IRC Section 401(k)(12)(D)? If the Treasury fails to provide timely guidance here, any thoughts on the type (length, etc.) of notice that people will be providing? Thanks for your response.

[Guest Bill Mulkern]

IRS Notice 98-4 provides a "Model Notification to Eligible Employees" which we have been adapting for the safe-harbor notice. We are incorporating the information in just-released Notice 98-52, 1998-46 I.R.B. (published Oct. 29, 1998), which "provides guidance on the design-based alternative or 'safe-harbor' methods in 401(k)(12) and 401(m)(11)..." Section I of Notice 98-52 states: "Employee notices for the 1999 plan year are not required to be provided before March 1, 1999." See Section V.C of the Notice for more info in this regard.