SPD and Safe Harbor Notice to Terminated Employee

[Vlad401k]

A new plan is established effective 1/1/2021 (but adopted mid-year). One of the employees (who met the eligibility conditions) is terminated in the middle of 2021 (before the plan is adopted - so the employee was not able to defer to the plan) The plan is Safe Harbor Non-Elective, so this employee will receive 3% Safe Harbor contribution for the year. Would an SPD and a Safe Harbor Notice be required for this employee? 

 

Thanks!

[C. B. Zeller]

The plan document probably says that anyone who is eligible for deferrals is eligible for safe harbor. If that's the case, and the deferral feature was first effective after the participant's date of termination, then I don't believe they would be eligible for safe harbor, as they were never eligible for deferrals.

If the participant is actually entitled to some contributions under the plan, then yes, they need to receive an SPD as they need to be notified of their rights under the plan.

No one is required to receive a safe harbor notice for a safe harbor non-elective plan any more.