1) safe harbor 401(k)
A plan for maximizing salary deferral contributions
We think business owners and
their employees should have the
opportunity to enjoy life at its very
best, especially in their retirement
years. Adding a retirement plan
to your benefits package can be
a great way to help build financial
security for the future.
By committing to make a minimum contribution
on behalf of your employees, highly compensated
employees can maximize their own personal
contributions to the plan.
Plan Requirements
For a 401(k) plan to be considered a Safe
Harbor plan, employers must satisfy certain
contribution, vesting and notice requirements.
A Safe Harbor 401(k) plan generally satisfies the
non-discrimination rules for elective deferrals and
employer matching contributions.
Vesting
All contributions must be fully vested. They cannot
be dependent on an allocation condition, such as
1,000 hours of service or employment status on the
last day of the plan year.
Employer Contributions
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A Safe Harbor plan makes it easier for business
owners to maximize contributions to their own
accounts while reducing some of the complicated
testing requirements that normally apply to traditional
401(k) plans. In addition, matching contributions to
employee accounts are tax deductible (within IRS
limits) for the business.
A Safe Harbor plan:
• Maximizes deferrals of highly compensated
employees
• Satisfies non-discrimination and top-heavy
testing requirements
Keep in mind that the business must make
contributions to the business owner, to highly
compensated employees and to non-highly
compensated employees. In general, Safe
Harbor plans work well for companies that
have a consistent stream of revenue.
The rate of matching contributions for any highly
compensated employees cannot be greater than
the rate of matching contributions for non-highly
compensated employees. Deferrals may not exceed
6% of compensation that is matched. Employers
may choose either non-elective or matching
contributions.
• Non-Elective Contribution. The employer
contributes at least 3% of each eligible
participant’s annual compensation. The
contribution may be made pursuant to a
definitive or a contingent notice. For the
contingent notice, as long as appropriate notices
are given to employees, the employer has 30
days before the end of the plan year to decide
to make this contribution. Employers who do
not make the contribution are subject to nondiscrimination testing and top-heavy testing.
Ameritas Life Insurance Corp. of New York
RP 1120 NY 9-14
For Financial Professional or Plan Sponsor Use Only.
2) • Matching Contribution. Employers can choose
between the basic or enhanced match.
- Basic Match: The employer matches 100%
of the first 3% of compensation deferred, plus
a 50% match of the next 2% of compensation
deferred.
- Enhanced Match: The most common match
is 100% of the first 4% of compensation
deferred. However, the employer may choose
to match at any rate that at least equals the
basic match formula.
Notification Requirements
The plan must provide written notice to employees.
Ameritas of New York will prepare the following on
behalf of the plan.
• A description of Safe Harbor contributions, as
well as information about employee deferrals,
employer contributions, withdrawals and vesting.
• An annual Safe Harbor notice to be distributed to
employees at least 30 days (but no more than 90
days) prior to the first day of each plan year.
• A notice to any employee who will become
eligible for the plan after distribution of the annual
Safe Harbor notice. The employee must receive
the notice prior to his or her eligibility date.
Withdrawals
Withdrawals of Safe Harbor contributions are
limited to death, disability, separation of service
or attainment of age 59½, if permitted in the plan
document, similar to the distribution events for
elective deferrals.
Implementing the Plan
An employer with an existing 401(k) plan must
implement a Safe Harbor 401(k) plan at the
beginning of the plan year. However, employers
with a new 401(k) or existing profit-sharing-only
plan may implement a Safe Harbor plan during the
plan year as long as certain requirements are met.
Generally, three months of deferrals are required.
Please note that Ameritas Life Insurance Corp.
of New York is not authorized to give tax or other
legal advice. For specific information, consult your
attorney or tax professional.
More Information
Contact your Ameritas of New York financial
professional to learn more about a Safe Harbor
401(k) plan. See if it is a good choice for you and
your business.
Ameritas Life Insurance Corp. of New York
Ameritas Life Insurance Corp. of New York
Retirement Plans Division
1350 Broadway, Suite 2201
New York, NY 10018
800-923-2732
ameritas.com
This information is provided by Ameritas®, which is a marketing name for subsidiaries of Ameritas Mutual Holding Company, including,
but not limited to: Ameritas Life Insurance Corp., Ameritas Life Insurance Corp. of New York and Ameritas Investment Corp., member
FINRA/SIPC. Ameritas Life Insurance Corp. is not licensed in New York. Each company is solely responsible for its own financial
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© 2014 Ameritas Mutual Holding Company
For Financial Professional or Plan Sponsor Use Only.