Former safe harbor plan vesting change

[jas55]

Hi All,

Plan has made only safe harbor contributions prior to amending plan 1/1/2019 off of safe harbor matching and instituting a 3 year cliff vesting schedule for matching and all other employer contributions.  The only employer contributions prior to the amendment were safe harbor matching contributions.  Prior to amendment all employer contribution sources were listed as 100% vested, though the employer never made any other than safe harbor matching.

Employee is rehired who previously worked from Feb 2017 to Nov 2018.  Participant maintained account balances and has been rehired Feb 2020.  

Question, would new cliff vesting apply since no prior employer contributions were made, or would they fall under 100% vested as that was the schedule for all contributions at the time even though no contributions were ever made other than those under the safe harbor matching provision?

[Luke Bailey]

jas55, ff the participant does not have 3 years of service, you should be able to amend vesting schedule for new contributions. See IRC sec. 411(a)(10).

[Lou S.]

Quote

Prior to amendment all employer contribution sources were listed as 100% vested, though the employer never made any other than safe harbor matching.

Those participants prior to the amendment are 100%. I don't see how you can reduce any of them below 100% without a prohibited cutback.