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Posted

No.

However, when combined with certain entry dates, it is possible that an employee might not become eligible for safe harbor contributions for almost 18 months after their date of hire.

Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance.

Corey B. Zeller, MSEA, CPC, QPA, QKA
Preferred Pension Planning Corp.
corey@pppc.co

Posted

Thanks for the responses.  I did not see this in the 401(k) statute or regulations.  Did I miss it or is there another source?

Posted

401(k)(2)(D) says that you can not impose a service requirement longer than the maximum under 410(a), without regard to the 2-year eligibility rule.

1.401(k)-1(b)(1)(ii) says that a 401(k) plan (other than a SIMPLE) must satisfy either the ADP test, or the safe harbor provisions. 1.401(k)-1(b)(4)(iv)(B) prohibits the use of restructuring to satisfy section 401(k). Thus, the entire plan must satisfy either the ADP test or the safe harbor provisions; you could not, for example, apply the ADP test only to employees with less than two years of service and rely on the safe harbor for employees with two or more years of service.

1.401(k)-3(h)(3) specifically calls out the ability to use the option to disaggregate otherwise excludable employees as a means of satisfying section 401(k) for plans that require 1 year of service for safe harbor contributions, but allow early participation for deferrals.

Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance.

Corey B. Zeller, MSEA, CPC, QPA, QKA
Preferred Pension Planning Corp.
corey@pppc.co

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