Commentary MCHO Home Page

Safe Harbor 401(k) Examples

September 3, 2004

We often receive calls asking whether certain matching contribution formulas may be used in a safe harbor 401(k) plan. Following are a number of different examples from the inquiries we receive.

Acronyms Used Below:
SH = Safe Harbor
$/$ = Dollar for Dollar match
50%/$ = 50 cents match per dollar
25%/$ = 25 cents match per dollar

The Plan's Allocations
Testing or No Testing
Comments/Other
 

Plan 1
Elective Deferrals — 50% Limit
SH Match — Basic Formula

No ADP Test
No ACP Test
Exempt from Top-Heavy Test

NA

 

Plan 2
Elective Deferrals — 60% Limit
SH Nonelective — 3%

No ADP Test
No ACP Test
Exempt from Top-Heavy Test

NA

 
Plan 3
Elective Deferrals — No Limit
SH Match — Basic Formula
Discretionary Employer — 2%
No ADP Test
No ACP Test
Top-Heavy Test Required
Only a safe harbor plan with no employer allocations is exempt from the top heavy test.
 
Plan 4
Elective Deferrals  No Limit
SH Match
Basic Formula
Forfeiture Allocation Contribution
No ADP Test
No ACP Test
Top-Heavy Test Required
Only a safe harbor plan with no employer allocations is exempt from the top heavy test. Even a forfeiture allocation is considered an employer allocation.
 

Plan 5
Elective Deferrals — No Limit
SH Nonelective — 3%
Discretionary Match — $/$ to 3%

No ADP Test
No ACP Test
Exempt from Top-Heavy Test
Safe Harbor 3% NEC also satisfies the ACP Test provided matching is not made in excess of 4% of compensation and provided the matching is not made on deferrals above 6%.
 
Plan 6
Elective Deferrals — 40% Limit
SH Enhanced Match — $/$ to 5%
Discretionary Match — 50%/$ to 5%
No ADP Test
No ACP Test
Exempt from Top-Heavy Test
The discretionary match need not be tested provided it does not provide more than 4% in compensation and provided it does not match deferrals over 6%.
 
Plan 7
Elective Deferrals
No Limit
SH Nonelective
3%
Discretionary Match
25%/$ to 8%
No ADP Test
ACP Test Required
Top-Heavy Test Required
The discretionary match exceeded the 6% deferral limit which would not allow the ACP safe harbor to be satisfied and thus requires testing.
 
Check out our 401(k) Safe Harbor Chart and Our 401(k) Safe Harbor Page
Return to Safe Harbor 401(k) & Safe Harbor 401(k) Top Heavy FAQs
 

 

 

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