MGOAdmin Posted March 25, 2015 Posted March 25, 2015 A client has a safe harbor plan. The current eligibilty is immedite but they would like to switch to 6 months. Can we amend the plan for 2015 and have it be effective 7/1/15 so it does not affect any current employees? I know you "can't" amend a safe harbor plan, but since we are not reducing or suspending the contribution, I was thinking we could do it.
Tom Poje Posted March 25, 2015 Posted March 25, 2015 so you issued a notice that basically says "We get a free ride on the ADP test in 2015 because we promise to give safe harbor contribution to anyway we hire (we have immediate eligibility) I have a problem (and the DOL might) if that is now changed to 6 months eligibility even though at the moment it might not effect anyone. you have changed what was promised that anyone would get the safe harbor. but then, that's just me.
MGOAdmin Posted March 25, 2015 Author Posted March 25, 2015 We are only changing what "was promised" for people that haven't been hired yet, therefore they were never promised anything. I am going back on forth on it.
Lou S. Posted March 25, 2015 Posted March 25, 2015 I wouldn't have a problem if it grandfathered the existing employees and a new notice was prepared for any potential new hires. As you say the amendment only effects folks who don't yet work for the company and were not given the safe harbor notice. That said, I'm not sure the IRS would agree with my logic. Because you know the IRS sometimes ignores logic.
Tom Poje Posted March 25, 2015 Posted March 25, 2015 you hit the nail on the head there is nothing in the regs about preparing a 'new' notice, or being able to provide different notices for different people. are they going to have that many people possibly enter that it makes a difference? it still smells bad to me. you are getting a free ride on ADP testing (and top heavy) again, you 'promised' in order to get those freebies you would give anyone a gateway
MGOAdmin Posted March 25, 2015 Author Posted March 25, 2015 There really are not that many people this will affect, and maybe not any if they don't hire anyone after July 1. Thanks for the input!
MGOAdmin Posted March 31, 2015 Author Posted March 31, 2015 We have decided just to change it for 2016. Thanks for all the input.
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now