2024 Non Elective Safe Harbor not deposited

We have a pooled plan that we just found out the sponsor did not deposit the 2024 safe harbor contribution.

I believe we have until 12/31/2026 to correct this error, but the sponsor must put in in lost earnings from 12/31/2025.

I've calculated the year to date earnings on the trust to be 0.88% which is lower than the DOL VFCP calculator.

Can I use the actual rate or do we have to use the higher of the actual or the DOL calculator?

If you take a look at Section 3 of Appendix B in the EPCRS, it notes that the earnings rate to be used is generally the "investment results that would have applied had the failure not occured." I read that to mean the actual overall earnings rate for the plan. I think it is a reasonable position to use the .88%.

Don't forget, the deposit will be considered 415 contribution for 2026 for the participants.

IMHO the DOL calculator should on be used for VFCP filings.

Thank you both

Maybe I'm missing something, but if the contribution is not late, why do you have to calculate earnings?

If Remember correctly, the SH must be deposited no later than 12 months after the plan year.  So if the PY is 2024, then 12/31/25 was the deadline.