COLLECTED WISDOM™ on Safe Harbor 401k Retirement Plans
As a general rule, 401k plan must satisfy certain non-discrimination requirements. Many small businesses find this hard to do and, as a result, many don't set-up such plans. The Small Business Job Protection Act of 1996 provided 401k plans with alternative, simplified methods of meeting the non-discrimination requirements. 401k plans that adopt one of these alternative methods are referred to as "safe harbor 401k" plans.
Here is information to help you understand Safe Harbor 401k plans.
This archive contains not only the most current material on the topic, but also older items that are still relevant, provide background, perspective or are germane to the topic.
If you find a broken link or an items that you feel is outdate, irrelevant or no longer appropriate, please let us know.
The IRS issued Notice 2020-86, which guides the rules that apply to safe harbor plans that were changed by the SECURE Act. The guidance covers the increase in automatic contributions permitted under a qualified automatic contribution arrangement safe harbor plan, safe harbor notice requirement changes, and issues related to the retroactive adoption of safe harbor status.
Source: Beneficiallyyours.com, January 2021
The SECURE Act made several changes to the rules for certain safe harbor 401k plans. One change increased the cap on automatic enrollment safe harbor plans to 15%. Another eliminated certain safe harbor notice requirements for plans that make safe harbor nonelective contributions and added new provisions for the retroactive adoption of safe harbor plans that make nonelective contributions. On December 9, the IRS issued Notice 2020-86 to elaborate on these changes as summarized here.
Source: Groom.com, December 2020
The barrage of changes introduced by the SECURE Act, closely followed by the CARES Act, along with furloughs, remote work, and all the work-life changes of the pandemic year 2020 may have resulted in administrative errors in plan operations, such as missed notice distributions. So now what?
Source: Belfint.com, November 2020
401k plans are subject to nondiscrimination tests to ensure that a disproportionate share of the elective participant deferral is not those of the HCEs. The discrimination tests can be avoided if the employer sponsors a safe harbor plan. Safe harbor plans allow employers to disregard the nondiscrimination test if they make a generous, pre-approved employer contribution amount to all eligible employees. The minimum safe harbor employer contribution formulas available are reviewed here.
Source: Belfint.com, October 2020
As you might expect, preparation and planning are always necessary to establish a new tax-qualified plan or redesign an existing one. The same holds for a Safe Harbor Plan. Therefore, even with the new Safe Harbor Plan establishment timing flexibility under the SECURE Act, now is the time to begin to consider whether a safe harbor feature is right for your company or your client's plan to ensure that it can be fully operational in advance of the applicable deadline.
Source: Legacyrsllc.com, August 2020
The IRS issued Notice 2020-52 addressing mid-year reductions and suspensions of contributions to Safe Harbor 401k and 403b plans. In response to the COVID-19 pandemic, the Notice provides some temporary relief for plan sponsors that wish to reduce or eliminate safe harbor contributions mid-year.
Source: Spotlightonbenefits.com, July 2020
The Internal Revenue Service issued Notice 2020-52, which provides guidance and temporary relief for employers who may choose to reduce contributions during 2020 to their safe harbor 401k or 403b plan.
Source: Groom.com, July 2020
The IRS released additional guidance to help employers cope with the financial strain of the COVID-19 pandemic. This time, in Notice 2020-52, the IRS has clarified, and in some cases temporarily relaxed, rules governing when an employer with a safe harbor 401k plan can stop making safe harbor contributions without disqualifying the plan.
Source: Clarkhill.com, July 2020
In light of the COVID-19 pandemic, the IRS has issued Notice 2020-52, offering safe harbor plan sponsors temporary relief from certain requirements applicable to midyear reductions or suspensions of safe harbor contributions. Notice 2020-52 also clarifies the requirements for midyear contribution reductions (during or after the pandemic) that affect only highly compensated employees participating in a safe harbor plan.
Source: Thomsonreuters.com, July 2020
The IRS created a limited window during which plan sponsors will have some additional opportunities to make changes to their safe harbor 401k plans. This article is a summary of the specific relief.
Source: Sgrlaw.com, June 2020
The IRS released Notice 2020-52 which grants certain COVID-19 related relief to retirement plan sponsors who employ a safe harbor 401k plan design feature. The majority of the guidance is temporary relief which expires on August 31, 2020. However, the IRS Notice also includes a clarification that shall remain effective after August 31, 2020.
Source: Legacyrsllc.com, June 2020
A safe harbor 401k is a retirement plan that allows a company to avoid the regulations and expenses associated with nondiscrimination tests typically required of a 401k or other retirement account. A safe harbor 401k can simplify the process for a company looking to roll out a retirement plan to its employees if the company is willing to follow certain rules. Here's how a safe harbor 401k is set up and what problems it can solve for companies.
Source: Bankrate.com, June 2020
Many employers are debating how to most efficiently take advantage of the defined contribution limit increase to $57,000. However, few owners of small businesses are aware of the extent to which certain types of "leveraging" are now permitted in qualified retirement plans. The purpose of this article is to illustrate the provisions that allow owners of small businesses to get the most in return for what they are willing to contribute on behalf of their non-owner employees.
Source: Consultrms.com, May 2020
The SECURE Act includes provisions designed to encourage more employers to adopt retirement plans and simplifies issues that have bedeviled plan sponsors and taxpayers for years. One key provision amends prior rules for the late adoption of safe harbor plans.
Source: Hallbenefitslaw.com, May 2020
Employers wishing to reduce or eliminate a matching contribution during the middle of the plan year must be careful in assessing whether this is possible. Even where possible, there may be special requirements that must be met.
Source: Boutwellfay.com, May 2020
Many companies have to reduce their expenses and improve cash flow in reaction to the current volatility in the economy due to Covid-19. A number plan sponsors are asking if it is permissible to suspend or reduce required safe-harbor contributions during the plan year. An employer can reduce or suspend its safe harbor contributions during a plan year, but only if certain conditions are met.
Source: Wagnerlawgroup.com, March 2020
Under limited circumstances, and according to final Treasury Regulations, a sponsor of a 401k safe harbor plan may amend the plan during the current year to reduce or suspend the company's safe harbor contribution, either the matching or nonelective contribution. Under what circumstances, if any, may a company reduce or eliminate the mandatory safe harbor contribution during the plan year?
Source: Retirementlc.com, March 2020
The SECURE Act eases some of the regulation of 401k safe harbor plans (which are exempt from certain nondiscrimination testing) to provide employer flexibility and make those plans more attractive.
Source: Huschblackwell.com, March 2020
Section 103 of the SECURE Act amends the Internal Revenue Code regarding the deadline for an employer to elect safe harbor status and eliminates the requirement for a safe harbor nonelective notice. Under the Act, employers will be given additional flexibility on the timing for electing a safe harbor nonelective contribution.
Source: Consultrms.com, January 2020
The article is an answer to this question, "Is there a way to structure the plan so that the company contribution for the HCEs is optional while still maintaining the safe harbor status?"
Source: Dwc401k.com, October 2019
Although the greatest burden imposed on a plan sponsor who elects a safe harbor 401k plan design feature is usually perceived to be the funding of the safe harbor contribution, there are many other administrative requirements that must be satisfied in order to qualify for the ADP / ACP exemption. One such requirement relates to the plan year of a safe harbor 401k plan.
Source: Legacyrsllc.com, August 2019
A Safe Harbor 401k can seem like an obvious choice, but it may not be the best option for every plan. Safe Harbor plans are a great fit for small businesses (particularly those with under 25 employees) and businesses that have failed noncompliance testing in the past. But while you save in administrative hassle, you may pay a bit extra in plan costs and required contributions.
Source: Myubiquity.com, June 2019
Human resources departments are working to follow either a calendar or fiscal year plan of important notices, paperwork, and changes for employees. Is it possible, then, to make a change mid-year and implement a match safe-harbor 401k plan?
Source: Hallbenefitslaw.com, June 2019
In general, there are two broad categories of company contributions to a 401k plan -- a match and a nonelective (a/k/a profit sharing) contribution -- and it is not uncommon for the two terms to be used interchangeably even though the contribution types are quite different. You may now be wondering whether one type of safe harbor contribution is better or worse than the other. The answer really depends on what the company is hoping to achieve with its retirement plan as well as the budget for making contributions.
Source: Dwc401k.com, June 2019
In 1999, the "safe harbor" plan design became available to help solve the failed Average Deferral Percentage (ADP) tests issue for plan sponsors. They have been sold as the only answer to this issue, but often a safe harbor plan design is unnecessary. The only problem it solved was the lack of creativity on the part of the individuals who designed the plan.
Source: Fmgsuite.com, May 2019
If your business is considering implementing a 401k plan for your employees, or changing the plan provided, the alternatives are to either offer a traditional 401k or look at alternative options using the safe harbor provision. This can be a complicated decision as it combines both laws and regulations surrounding plan offerings as well as your businesses priorities.
Source: Hallbenefitslaw.com, May 2019
There is a common misconception that safe harbor plans are exempt from testing requirements. This overly general and inaccurate statement calls for a proper explanation. A safe harbor plan requires tests other than non-discrimination, entails proper administration to satisfy the plan design and can benefit from testing for plan optimization.
Source: Rpgconsultants.com, March 2019
If you're a business owner, you want to know when a safe harbor or traditional 401k plan is best for your company. To make an informed decision, you need to know two things: 1) if your plan will fail ADP/ACP or top heavy tests and 2) if safe harbor status will compromise your ability to meet plan priorities.
Source: Employeefiduciary.com, March 2019
A key regulation for most 401k plans is subjecting workers to nondiscrimination tests each year to prove a plan doesn't unfairly favor certain employees. A Safe Harbor 401k allows employers the opportunity to cut through the complexity. By setting one up, a business can provide its employees with the same tax benefits as a regular 401k plan but skip the onerous annual testing.
Source: Usnews.com, January 2019
A safe harbor 401k plan is a type of tax-deductible 401k plan that ensures all employees at a company have some set of minimum contributions made to their individual 401k plans, regardless of their title, compensation, or length of service. A major perk of this plan is that it also helps companies pass IRS non-discrimination testing.
Source: Humaninterest.com, August 2018
There are laws. There are regulations. There are a million different ways to design a 401k. You might've heard that Safe Harbor can be a good plan design, but you're probably wondering: what the heck is a Safe Harbor 401k? This article will walk you through everything you need to know to decide if a Safe Harbor 401k is right for your business.
Source: Forusall.com, July 2018
A safe harbor 401k plan is a type of tax-deductible 401k match that companies use to help themselves pass IRS non-discrimination testing. Safe harbor plans mean that all eligible employees in the company are entitled to the same match, regardless of their title, compensation, or length of service.
Source: Humaninterest.com, July 2018
This article discusses qualifying requirements and the types of employer contributions when designing a Safe Harbor 401k plan.
Source: Boutwellfay.com, June 2018
According to a 2016 study by SHRM, 68% of 401ks are safe harbor plans. But while the rules are straight forward and the benefits are significant, there are still see many plans which have not yet implemented a safe harbor match of any kind. This article exploreS the requirements and share some examples of safe harbor plans.
Source: Belr.com, February 2018
This chart compares a SEP with a safe-harbor 401k plan and is especially important for employers who must cover participants other than just the owners.
Source: Consultrms.com, December 2017
Employers sponsoring Safe Harbor 401k plans must satisfy certain notice requirements. The notice requirements are satisfied if each eligible employee for the plan year is given written notice of the employee's rights and obligations under the plan and the notice satisfies the content and timing requirements.
Source: Qbillc.com, December 2017
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