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Posted

Is the regulation allows Safe Harbor Formula to be more than 6%. I have seen Safe Harbor enhanced match formula upto 6% as a common. But I have seen one document and it mentioned 100% up to 9%. It is already breaching the Employer Match limit of 6% and 4% rule. Any where in the regulation it allows more than 6% as Safe Harbor.

Posted

100% on 9% satisfies the ADP safe harbor (assuming all other safe harbor conditions are met), but this formula does not satisfy the ACP safe harbor. IRC 401(k)(12)(B)

Posted

I think the ADP SH is anything >= 3%.  ACP SH allows only a % up to 6% of pay.  I think you could do like 150% of deferrals up to 6% of pay. But you cannot match on any deferrals over 6%.

The 4% limit of comp is limited to the discretionary match.  I don' think it's applied to SHM.

QKA, QPA, CPC, ERPA

Two wrongs don't make a right, but three rights make a left.

Posted
1 hour ago, WCC said:

100% on 9% satisfies the ADP safe harbor (assuming all other safe harbor conditions are met), but this formula does not satisfy the ACP safe harbor. IRC 401(k)(12)(B)

Can you do 150% of deferrals on 6% of pay to get to 9%?  I think you can.

QKA, QPA, CPC, ERPA

Two wrongs don't make a right, but three rights make a left.

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