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Can a Safe Harbor Plan have immediate eligibility for deferrals and ap


Guest Powers

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Guest Powers
Posted

Can a Plan that has immediate eligibility for deferrals apply a eligibility requirement for Employer Contributions (i.e. Safe Harbor Non-Elective or Safe Harbor Match) of "The first day of the Plan Year following completion of 1 year or service" be considered a Safe Harbor Plan?

Posted

This question is answered precisely in Notice 2000-3, question #10. You are not required to provide the SHNEC or SHMAC to participants under 21 or with less than one year service. But you have to elect to treat them separately for coverage purposes. And the plan must specifically provide that elective contributions on behalf of those employees will satisfy the ADP (& ACP) tests.

Guest Powers
Posted

Thank you. I will look at question 10.

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