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Posted

We have a non-safe harbor 401k. Employer match is discretionary. We want to change the match formula this year. My questions are:

1) Are we required to notify the employees?

2) Is there a deadline for notifying employees? For example, the notice must be sent 30 days before beginning of the year, 1/1/2015.

3) Can we change the formula now effective the beginning of the year, 1/1/2015?

Thanks for your help.

Posted

The match is discretionary, so the ER can almost do whatever they want whenever. However, the match must be applied per the formula.

I would also avoid having a match for the first half, two-thirds of the year and stop when the owner/HCEs have maxed out and cannot defer any more.

No notice to EEs is needed. However, it may be good ER/EE relations to let them know.

QKA, QPA, CPC, ERPA

Two wrongs don't make a right, but three rights make a left.

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