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Safe Harbor 401(K) Plan

The Safe Harbor 401(k) plan is one of the most flexible, low maintenance retirement plans available. If you like the feature of a 401(k) without the cumbersome nondiscrimination plus top-heavy testing requirements that accompany it, you may find a Safe Harbor 401(k) plan to be a viable alternative. Safe Harbor 401(k) plans may be suitable for companies with highly compensated employees who are limited in how much they may contribute to a 401(k) because non-highly compensated employees are not participating or contributing enough to the plan.

Key Benefits:

  • Highly compensated employees can maximize contributions to the plan each year, even if lower paid employees contribute very little
  • Nondiscrimination and top-heavy testing is automatically satisfied for Safe Harbor employer contributions and employee deferrals.
  • Safe Harbor 401(k) offers all the same benefits as the traditional 401(k) plan.

Possible Drawbacks:

  • Employer contributions are required as follows:
  • A dollar-for-dollar match on salary deferrals up to 3% of compensation and
  • 50 cents on the dollar for salary deferrals between 3% and 5% of employee compensation
  • Alternatively, a nonelective contribution of 3% of compensation for all non-highly compensated employees, regardless of whether or not they participate in the plan, is required
  • Enhanced matching contributions are permitted
  • All Safe Harbor employer contributions are immediately 100% vested
  • Requires filing IRS Form 5500