Q. Can the Safe Harbor 401(k)
plan use the Safe Harbor 3% non-elective contribution (NEC) to satisfy both
the ADP and the ACP test?
Rev. 01/27/03
A. If the discretionary match formula does not exceed
4% of compensation and there is no match of deferrals in excess of 6% of
compensation, both the ADP and ACP test will be satisfied by the Safe Harbor
3% NEC.
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