AJC Posted March 5, 2019 Posted March 5, 2019 Under a 401(k) safe harbor plan, a long-time participant has semi-retired. This participant now works only 200 hours annually and has agreed to do the same for the next 5 years or so. Does this participant continue to benefit each year in the employers safe harbor non-elective contribution, or is there a way to exclude this participant based on hours.
Tom Poje Posted March 5, 2019 Posted March 5, 2019 any NHCE who is able to defer must receive the safe harbor, though most plans provide safe harbor to HCEs as well.
BG5150 Posted March 5, 2019 Posted March 5, 2019 Does he want to defer? You can exclude his job title from the plan altogether. QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
Mr Bagwell Posted March 5, 2019 Posted March 5, 2019 Tom beat me to it. Unfortunately, you cannot have allocation conditions on safe harbor contributions. Being that he is already a participant, if he works, he gets the contribution.
AJC Posted March 5, 2019 Author Posted March 5, 2019 Gotcha. It is an NHCE. Thanks to all for your responses.
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