pixmax Posted January 30, 2009 Posted January 30, 2009 Client has 3% SHNE and a match of 50% of deferrals. It fails ACP Test. Do I forfeit or return the money from the ACP test? Can I test anything over 4% of compensation. NHCE has a match in excess of 4%.
Tom Poje Posted January 30, 2009 Posted January 30, 2009 based on your comments you have a plan that satisfies ADP safe harbor, but the match is not safe harbor. therefore the regular rules apply for failed testing - the excess aggregate contribution is distributed. (I will assume it is vested)
Jim Chad Posted January 31, 2009 Posted January 31, 2009 Tom is right on but I would like to add a few things. You implied that the match failed the safe harbor conditions, and that is the way Tom answered......but you did not actually say it. Are you familiar enough with the rules to say for sure that it is out of safe harbor. For example: did you know that a fixed match (one defined in the document ) can be over 4% of comp? I am not trying to be a pain in the @&**#. The first time I heard what was possible with a triple stacked match, I was shocked. One other thing about testing...No you can not test match above 4% and ignore the match up to 4%. Good Luck.
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