Guest sueczer Posted April 6, 2010 Posted April 6, 2010 This is not a safe harbor match. Can the match formula be a percentage of pay instead of a percentage of deferral? For example, the employer is contributing a match to only people who defer equal to 3% of salary instead of a % of deferral. This resulted in a formula of 700% of deferral not to exceed 3% of pay. Would this raise any red flags with IRS or DOL? There are no highly compensated people in this plan.
J Simmons Posted April 6, 2010 Posted April 6, 2010 This is not a safe harbor match. Can the match formula be a percentage of pay instead of a percentage of deferral? For example, the employer is contributing a match to only people who defer equal to 3% of salary instead of a % of deferral. This resulted in a formula of 700% of deferral not to exceed 3% of pay. Would this raise any red flags with IRS or DOL? There are no highly compensated people in this plan. No HCEs in plan, no nondiscrimination problems. Red flags? Maybe if you submit for a d-letter, but you would also then be indicating that the plan excludes HCEs. Should not be a problem. You'd have to do this with individually designed plan documents, not within the confines of a prototype (not sure on volume submitter). John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.
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