Sample Safe Harbor Employee Notice
The below is taken from the master Summary Plan Description for our run-it-yourself 401k plans. If your plan is a safe harbor plan, you should use the version of the below that is contained at the end of your customized SPD as your Notice to Eligible Participants.
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SAFE HARBOR PROVISIONS:
Our company Plan is a safe harbor 401k plan. Please read on for important information regarding our Plan.
A safe harbor plan is not required to perform nondiscrimination testing of participant elective contributions or of employer matching contributions, but instead has chosen to meet certain employer contribution requirements and provide 100% immediate vesting of the contributions.
You should consider the information in this Notice as well as in this Summary Plan Description in its entirety in deciding the level at which you will participate in our company Plan.
EMPLOYER CONTRIBUTION REQUIREMENTS
To qualify a 401k plan as a safe harbor plan, an employer must make matching contributions that fulfill the below requirements, or the employer must make a nonelective contribution equal to 3% of each eligible employees compensation.
Nonelective contributions are made to all eligible employees, regardless of whether they participate in the plan or not. Matching contributions, on the other hand, being based upon salary deferral amounts, are made only to active plan participants.
If our company chooses to make safe harbor matching contributions, the contributions must meet two requirements: First, each non-highly compensated employee must receive a dollar-for-dollar match on salary deferrals up to 3% of compensation and a 50¢ to the dollar match on salary deferrals from 3% to 5% of compensation. Second, the rate of any matching contributions being made to highly compensated employees cannot exceed that made to non-highly compensated employees.
OUR PLAN'S SAFE HARBOR DESIGNATIONS
In qualifying its Plan as a safe harbor 401k plan, our company has chosen to... (include the appropriate of the following)
make a 3% nonelective contribution to all eligible employees each year.
make dollar-for-dollar matching contributions to non-highly-compensated employees on salary deferrals up to 3% of compensation and 50¢ to the dollar matching contributions to non-highly compensated employees on salary deferrals of 3% to 5% of compensation, making sure not to exceed these rates in any matching contributions made to highly compensated employees.
define its contribution rate and type at a later date, in no event later than 30 days before the end of our Plan Year. You will receive a supplemental notice by that time informing you of our companys safe harbor contribution decision. Any safe harbor contribution our company makes will be at least 3% of your compensation, and you will have 100% immediate vesting of those contributions, if any.
Please check with our Plan Administrator if you would like to know your compensation categorization (highly compensated versus non-highly compensated) under our Plan.
The amount of your compensation that the Plan will consider for any safe harbor contributions is the same figure that the Plan uses for other contribution purposes. See Section IV. Contributions to Our Plan, subsection Compensation of this SPD for details.
In defining its safe harbor designation, our company has chosen to make its safe harbor contributions (include the appropriate of the following)annually/per payroll period/per month/per quarter.
Any safe harbor contributions our company makes will be in addition to any other employer contributions defined in this Summary Plan Description that our company will be making to our Plan.
Any safe harbor contributions allocated to your account will be subject to the same distribution rights and restrictions defined in this Summary Plan Description as other monies allocated to your account EXCEPT that safe harbor contributions are not eligible for hardship withdrawals. See Section V. Benefits Under Our Plan for details.
Any safe harbor contributions made will not affect your ability to make salary deferrals under our Plan, nor will they affect your ability to, at any time, revoke your decision to make salary deferrals. During the 30 days following our company notifying you of its safe harbor designation decisions, you are free to start or alter your deferral election by completing an Enrollment Pac (which includes a Salary Reduction Election section) and returning it to our Plan Administrator. You may otherwise start or alter your deferral election on any January 1st, April 1st, July 1st or October 1st, as defined in Section IV. Contributions to Our Plan.
Our company will notify you at least 30 days (and no more than 90 days) before the start of each new Plan Year regarding its safe harbor contribution decisions, even if those decisions have not changed since the previous Plan Year. Notification may come in the form of an updated Summary Plan Description (this Notice included) or in an updated Notice only.
Please contact our Plan Administrator if you have any questions regarding our companys safe harbor designations or about any other aspect of our company Plan.
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