Incorrect Safe Harbor Notice

[52626]

The Plan document states the Safe Harbor Match will be 100% of the first 4% and 50% of the next 2%. This is the amount the Employer contributes each pay period.

The Safe Harbor Notice generated by the TPA and distributed to the participants states the Safe Harbor Match is 100% of the first 6% of compensation.

What happens in this case? Participants were provided incorrect information. Some of which may have made their deferral election based on receiving a match of 100% of 6%.

Does the plan document govern and the employer just needs to provide an amended safe harbor notice?

Thanks for your input.

[Jim Chad]

FWIW I would say the document controls and the employer needs to pass out a corrected notice ASAP.