3% Safe Harbor Change

Is there a rule that the change to 3% Safe Harbor has to be by October 1 for "new" plans but December 1 for existing plans?

If that's the case, what's the definition of a "new" plan?  If we have a document for a Plan Year starting 1/1/20, when do they have to make the 3% decision by?

Thanks everyone

I think you may be confusing the rule that to be a safe harbor 401(k) plan you need to allow for at least 3 months of elective deferrals with the new rule in the Secure Act that allows you to add a 3% non-elective safe harbor to an existing 401(k) at any time in the first 11 months of the plan year (or 4% non-elective in the 12th month of the plan year).

I don't think anything in the Secure Act allows you to establish a new safe harbor 401(k) (or add 401(k) feature to existing PS plan) with less than 3 months left in the year.

Agree with Lou but you can always use an off calendar year 12/1 - 11/30 for instance.  That could get you your 2020 deferral limit and the safe harbor.