Santo Gold Posted August 22, 2012 Posted August 22, 2012 Can a plan sponsor amend out of a safe harbor match? They currently have a dollar-for-dollar up to 4% plus 50% on next two percent match formula. PYE is 9/30. For the 10/1/2012 plan year, can they either lower this to only the basic s/h match or possibly amend the s/h out of the plan entirely? Thanks
ETA Consulting LLC Posted August 22, 2012 Posted August 22, 2012 Can a plan sponsor amend out of a safe harbor match? They currently have a dollar-for-dollar up to 4% plus 50% on next two percent match formula. PYE is 9/30. For the 10/1/2012 plan year, can they either lower this to only the basic s/h match or possibly amend the s/h out of the plan entirely?Thanks They can amend out entirely, but they cannot amend to lower while maintaining the safe harbor. Good Luck! CPC, QPA, QKA, TGPC, ERPA
401king Posted August 22, 2012 Posted August 22, 2012 They can amend out entirely, but they cannot amend to lower while maintaining the safe harbor.Good Luck! They could amend to the lower Basic match for the 2012 plan year beginning 10/1/2012, correct? As long as they do so by 9/1 and provide the timely notice. R. Alexander
BG5150 Posted August 22, 2012 Posted August 22, 2012 ETK: Notice the formula in the OP: 100% up to 4%. 401: You should be fine, I believe. QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
ETA Consulting LLC Posted August 22, 2012 Posted August 22, 2012 ETK: Notice the formula in the OP: 100% up to 4%.401: You should be fine, I believe. I totally mis-read the question. I thought the question was regarding a mid-year amendment CPC, QPA, QKA, TGPC, ERPA
Santo Gold Posted August 23, 2012 Author Posted August 23, 2012 BG5150 is correct, it is a 100% up to the first 4%, plus 50% on the next 2%. They might consider amending to the basic SH match effective 10/1 (which is the BOY). Thanks for all replies.
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