Client Does Not Want to Make Safe Harbor Contribution

[KateSmithPA]

Client does not want to fund the 2009 Safe Harbor Non-Elective Contribution. They want to know what the consequences are. The only thing I can think of is that the plan could be disqualified for not following the terms of the plan.

Any chance they could fund the NHCEs but not the HCEs?

Thank you.

Kate Smith

[EBDI]

The HCE's can only be excluded if the plan document allows it. You can not retroactively amend the plan document to exclude HCE's.