Safe Harbor Flashcards
Safe Harbor - What is it?
A type of plan which is exempt from certain non-discrimination and top heavy testing
Why would employers want to adopt Safe Harbor?
- Already making employer contributions near Safe Harbor levels
- Required to make top heavy min contributions
- Low employee turnover
- Owners may be limited in how much they can contirbute (low participation)
Safe Harbor Advantages?
Owners and Highly Compensated Employees to maximize 401(k) contributions (at level permitted by the IRS)
Avoids certain nondescrimination testing
Safe Harbor
When must the Safe Harbor notice be provided?
Provided to each eligible EE each year btwn 30 and 90 days before the next plan year
To newly eligible EE btwn 30 and 90 days prior to their plan entry date
Why do I have testing problems when I have a Safe Harbor Plan?
I was told my plan was not subject to testing b/c it is Safe Harbor?
Safe Harbor = automatic pass on certain non-discrimination testing
ONLY when Safe Harbor contributions are the only employer contribution made.
Additional Discretionary contributions = testing requirements may be triggered
Safe Harbor Basic Match
100% match of first 3% deferred, plus 50% of next 2% deferred
Maximum match is 4%
Safe Harbor Enhanced Match
100% match, up to 6% deferred.
Matching formula must be at least as generous as the basic formula
Safe Harbor 3% Non-Elective (NEC)
Every participant receives a 3% contribution whether they are making elective deferrals or not
Contribution is not based on deferrals
QACA:Qualified Automatic Contribution Arrangement
Adds a matching component to an Automatic Contribution Arrangement
The match is dollar for dollar on the first 1% of compensation and $.50 per dollar on the next 5% of compensation
When do Safe Harbor Contributions need to be deposited?
No later than the last date of the plan year, following the plan year for which they are due
Suspension of Safe Harbor
- The employer is operating at an economic loss; and/or
- The safe harbor notice that is provided before the start of the plan year includes a statement that the employer may reduce or suspend contributions mid-year.
Suspension of Safe Harbor:
Employer Responsibilities?
- Provide 30 day notice to EEs
- Fund safe harbor contributions
- Give employees opportunity to change their deferral elections
- Complete ADP and ACP tests
- Meet top-heavy minimum requirements
Safe Harbor: Testing
What tests are safe harbor plans excused from?
ADP= Average Deferral Percentage
ACP=Average Employer Percentage
Top Heavy test
*if they follow certain rules
Safe Harbor: ADP
What is necessary to be excused from ADP testing?
Contribution provided to EEs must follow a certain formula:
Basic Formula
Enhanced Formula
Nonelective Formula
QACA
Safe Harbor: ACP
What is necessary to be excused from ACP Test?
Elective contributions over 6% aren’t matched
Rate of match doesn’t increase as deferrals increase
HCE’s can not get a greater rate of match than NHCE’s
Additional matches = NOT more than 4% of comp.
- No allocation restrictions (ie. hours, number of days employed, etc.)