Guest Margaret25 Posted February 9, 2010 Posted February 9, 2010 I have a plan that stopped their safe harbor non-elective contribution during 2009 and they now fail their ADP test. Is it allowable to use the safe harbor contribution that was made during the year as a QNEC towards the ADP Test?
rcline46 Posted February 9, 2010 Posted February 9, 2010 SInce the contribution is 100% vested and subject to the same withdrawal restrictions as the deferrals, I don't see why not. Have not heard of any prohibition against it. Maybe someone else has a cite one way or another.
Kevin C Posted February 9, 2010 Posted February 9, 2010 The 401(k) regs say the SH non-elective contribution is a QNEC. 1.401(k)-3(b)(1) General rule. --The safe harbor nonelective contribution requirement of this paragraph is satisfied if, under the terms of the plan, the employer is required to make a qualified nonelective contribution on behalf of each eligible NHCE equal to at least 3% of the employee's safe harbor compensation.
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