Get Comprehensive 401k Plan Nonstand Safe Harbor Adoption Agreement

The basic plan document contains all the non-elective provisions and can't include any options or blanks for the employer to complete. The adoption agreement contains the options (and blanks) for the employer to complete and is also where the employer signs the plan.

A Safe Harbor 401(k) allows employers to choose a matching contribution amount ranging from 3-6% of an employee's contribution or salary. In 2022, individuals can contribute up to $22,500 (age 49 or younger) or $30,000 (age 50 and older) to their 401(k) retirement plans.

A non-elective contribution is a fully-vested payment made by an employer to an employee-sponsored retirement plan, regardless of whether the employee makes an elective deferral. The contributions are not deducted from the employee's monthly income but are paid directly by the employer.

While a nonelective contribution goes to all employees who are eligible for the plan, a matching contribution only goes to those who contribute out of their paychecks. That is actually true of all 401(k) plans, not just safe harbor plans.

Employees are still able to make or change an election at least once per year. Plan Sponsors are allowed to switch to a safe harbor 401(k) plan with nonelective contributions prior to the 30th day before the end of the plan year.

The non-elective contribution safe harbor requires that the employer make an employer non-elective contribution equal to at least 3% of compensation for each employee who was eligible to defer under the plan, regardless of whether they actually chose to make deferral contributions.

A safe harbor 401(k) plan excludes overtime and bonuses from the definition of compensation. The definition will satisfy IRC Section 414(s) if it (i) does not by design favor highly compensated employees, (ii) is reasonable within the meaning of Reg.

Safe harbor 401(k) plans are the most popular type of 401(k) used by small businesses today. Unlike a traditional 401(k) plan, they automatically pass the ADP/ACP and top heavy nondiscrimination tests when mandatory contribution and participant disclosure requirements are met.