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Can an existing Profit Sharing Plan with a 1/31/2025 plan year end be amended before 11/1/2024 to add Safe Harbor 401k provisions with the Safe Harbor contribution being the traditional Safe Harbor Match? My concern is with the 30-day Notice for Participants in advance of this new feature. The first pay date in November is mid-month.

Posted

There is no 30-day advance notice requirement for the initial period when deferrals first become allowed. Otherwise, if you had a safe harbor plan with immediate entry, you’d somehow have to give new hires a 30-day notice before they start working for you.

If the plan already has deferrals now, then you can add a 3% safe harbor nonelective for this plan year that you’re in, but you can only add SH match as of the first day of the next plan year. 1.401(k)-something…

Posted

Thank you, John. That is what I had thought, however, reading another post about adding 401k SH mid-year mentioned the 30-day notice... made me question my thinking and concerned me.

There are no deferral provisions currently.  Thank you again!

 

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