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safe harbor match plan, retro amendment to make employee eligible and top heavy exemption


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Posted

Plan only does deferrals and safe harbor match.  One employee met the one year wait, but not enough hours; sponsor let her in anyway.  Found out the following year, so did a corrective retro-amendment to let in the NHCE for deferral & SH match early.  Does this take away the top heavy exemption?

Posted

The top heavy requirements wouldn't apply if the plan is considered to be a safe harbor plan throughout this process, and I can't imagine that the amendment would cause any issue, especially since the participant is an NHCE.

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