How You Can Benefit from a Safe Harbor 401(k)
A Popular Solution for Plans that Have to Limit Contributions Made by Business Owners
The Safe Harbor 401(k) design feature is a popular solution for plans that have to limit contributions made by business owners and other Highly Compensated Employees (HCEs) because lesser-paid workers are not participating in the plan or are saving at lower rates.
Under a Safe Harbor 401(k) plan, if the business owner makes a minimum contribution to the plan, the following occurs:
The business owner and other HCEs can contribute any amount up to the annual salary contribution limit without worrying about the contributions of lesser-paid employees
A Safe Harbor plan satisfies top-heavy minimum contribution requirements (a plan is top-heavy if more than 60% of the plan assets are in the accounts of HCEs and other key employees)
The business can take a tax deduction for employer contributions
Offering a Safe Harbor plan with a guaranteed employer contribution may also help improve participation and saving rates for all employees, and may also help with recruiting and employee retainment.
What is a Safe Harbor 401(k)?
A Safe Harbor 401(k) plan is deemed to pass the two nondiscrimination tests that 401(k) plans must typically pass to prove that the plan is not providing a more significant benefit to HCEs which guarantee those who earn at least $120,000 per year or who own more than 5% of the company.
The Actual Deferral Percentage (ADP) test: This limits the percentage of compensation that HCEs can defer into the 401(k) based on the average contribution rates of the non-highly paid employees.
The Actual Contribution Percentage (ACP) test: This ensures that the employer matching contributions and any after-tax employee contributions contributed for HCEs are not disproportionately higher as compared to non-highly paid employees.
If a plan is not a Safe Harbor 401(k) plan and fails either of these tests, the business owner must either return a portion of the contributions made to HCEs or make additional contributions for the lower paid employees. Unfortunately, if the testing failure is not corrected promptly, the business owner will owe a 10% excise tax.
Employer contribution options
In exchange for getting an automatic pass on the ADP and ACP tests and the extra administrative duties that go with the testing process, business owners must make a minimum contribution to the plan each year—which must be immediately 100% vested (nonforfeitable). Business owners may choose from two contribution options:
Matching contributions
For each employee who is deferring salary into the 401(k), the business owner will match 100% of the employee’s contributions up to 3% of the employee’s salary, plus 50% of the employee’s contributions, between 3%–5% of salary. This results in a 4% matching contribution for an employee who contributes at least 5% of their pay into the plan. Additional matching formulas may be available, depending on the plan.
Nonelective contributions
The business owner will make a contribution equal to 3% of salary for every employee who is eligible to participate in the plan. Unlike matching contributions, these nonelective contributions are given to all eligible employees even if they are not making salary contributions to the plan.
How to set up a Safe Harbor 401(k)
To set up a Safe Harbor 401(k) plan, you must contact a 401(k) plan provider or coordinate with an outside TPA firm who can provide an IRS-approved plan document to establish the plan, along with the recordkeeping and investment services you need to administer the plan.
Safe Harbor 401(k) plans are subject to special timing rules that require a business owner to adopt Safe Harbor features before the start of the plan year. Within 90 days before the beginning of the first Safe Harbor plan year (generally October 1), business owners must notify employees that a Safe Harbor feature has been adopted. Then, each year that the Safe Harbor feature is in effect, employees must receive a notice 30–90 days before the beginning of the plan year. The plan providers we work with automatically do this on behalf of the small business owner, so they have one less thing to think about.
Safe Harbor 401(k) solutions
Although a Safe Harbor 401(k) plan can benefit business owners and their employees, it may not be the best fit for every plan.
Business owners will want to weigh the cost of the mandatory contributions against the potential benefits. Our plan design education services can help you understand the design features and the set up process so you can make sure the plan is designed to fit your needs.
Learn More
If you are a small business owner and need a 401(k) plan for yourself and your company, The 401(k)ompany offers access to flat-fee plans plus professional advice.
Additional resources for Safe Harbor 401(k)
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200 East Broward Blvd. Suite 1320
Fort Lauderdale, FL 33301
Support: 888.667.4750
© 2019 The 401(k)ompany
200 East Broward Blvd. Suite 1320
Fort Lauderdale, FL 33301
Support: 888.667.4750
© 2022 The 401(k)ompany, All rights reserved.
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