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Posted

Here we are 12/30/2008. In mid-November 2008 our 401(k) client distributed a notice indicating that the plan would be a safe harbor plan (with a 3% nonelective contribution) for 2009. It was not a "wait and see" notice. Now they have changed their mind and don't want the plan to be safe harbor for 2009.

What are our options? Can the plan still be amended once a non-"maybe" notice has been given out?

Some quick thoughts would be appreciated!!

Posted

Thanks for the link, Sully. As it turns out, even though we sent the client the SH notice and instructed them to distribute same, they didn't do it - so as long as we amend the SH nonelective contribution out today, we should be okay.

Med

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