Vlad401k Posted 9 hours ago Posted 9 hours ago Can you make an amendment to exclude HCEs from being eligible for a Safe Harbor plan (effective 1/1 and amended at least 30 days before beginning of the year)? These HCEs already met the plan's eligibility requirements. Thanks!
John Feldt ERPA CPC QPA Posted 6 hours ago Posted 6 hours ago My understanding is that you can amend to exclude them prospectively and that the document probably requires a 30-day advance notice to do so, even though they are HCEs. But check IRS Notice 2016-16 to see if you agree.
David D Posted 1 hour ago Posted 1 hour ago Are you actually trying to exclude existing participants from participating in the plan, or just excluding them from being eligible for a Safe Harbor Contribution?
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