PMC Posted February 22, 2001 Posted February 22, 2001 Employer establishes a new 401(k) intending to be a Safe Harbor Plan effective 1-1-01. They distribute Notices in a timely manner and indicate the S-H contribution will be the 3% nonelective. It's now learned that their intent was, and the plan was written, to say the Basic Matching formula will be used. Will the wrong information in the Notice preclude them from operating as S-H for the 1-1-01 plan year?
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