Sustainable 401(k) Plans for Employers | Carbon Collective

Safe Harbor 401(k) | Definition, Requirements, Options, & Benefits

Written by Zach Stein | Dec 14, 2022 9:27:45 AM

What Is a Safe Harbor 401(k)?

A safe harbor 401(k) is a type of retirement account that allows a business to bypass the requirements and costs connected with nondiscrimination tests that are generally required of 401(k)s and other retirement accounts.

It is similar to a traditional 401(k) in that it offers employees a tax-advantaged opportunity to save for retirement. The safe harbor 401(k) plan must include some form of company contribution to the employee's account.

If a corporation is prepared to follow specific requirements, a safe harbor 401(k) might ease the process of implementing a retirement plan for its employees.

Download the 401(k) Plan Comparison Tool.

How It Works

A Safe Harbor 401(k) plan was designed to pass the two nondiscrimination standards that 401(k) plans must normally pass. 

These tests demonstrate that the plan is not giving a more significant advantage to Highly Compensated Employees (HCEs) who earn at least $135,000 in 2022 ($150,000 in 2023) or own more than 5% of the firm.

If a plan is not a Safe Harbor 401(k) plan and fails either of these requirements, the business owner must either refund a part of the contributions given to HCEs or make extra contributions for lower-paid employees.

Unfortunately, if the testing failure is not addressed immediately, the business owner will be subject to a 10% excise tax.

Safe Harbor 401(k) Requirements

Employers should recognize that a safe harbor design necessitates payment from the employer. In most situations, the employer contribution must be instantly fully vested and is typically 3-4 % of an employee's salary.

Every year, employers must submit specific information to all plan-eligible employees, including:

  • The employee's rights and duties under the plan.
  • How workers can defer payments to their accounts.

This information must be supplied at least 30 days before the start of the plan's fiscal year, but no later than 90 days prior. 

Because the safe harbor features must be in place at least three months before the plan year begins, the final day to create a new safe harbor 401(k) is October 1.

It is simpler to add a safe harbor provision to an existing plan, and it must be in place by January 1, but workers must be told of the plan's provisions at least 30 days before they take effect.

In return for adhering to these standards and contributing to employees' accounts, a corporation can bypass the yearly nondiscrimination tests that are generally needed for regular 401(k) plans (k).

A safe harbor 401(k) has the same annual contribution limitations as a traditional 401(k) with $20,500 in 2022, plus a $6,500 catch-up contribution for individuals 50 and older. In 2023, the limit is $22,500 with a $7,500 catch-up contribution.

IRS Compliance Testing

The IRS requires three types of nondiscrimination tests to guarantee that 401(k) programs benefit both owners and workers. However, safe harbor plans do not necessitate the following compliance tests:

Actual Deferral Percentage (ADP) Test

A test for pre-tax elective and/or Roth deferrals to a 401(k) plan by highly compensated employees (HCEs) exceeds the maximum amount allowed under nondiscrimination testing standards for a plan year.

The test examines HCE and non-HCE contributions to see if HCEs surpass specific criteria.

Actual Contribution Percentage (ACP) Test

A test for HCEs' employee after-tax contributions or employer matching contributions to a 401(k) plan exceeds the maximum amount authorized under nondiscrimination testing regulations for a plan year.

Top Heavy Testing

A test that determines how much control specific officials and owners have over a 401(k) plan. A top-heavy approach prioritizes executives and owners over regular staff.

Matching and Contribution Options

A safe harbor strategy gives you additional alternatives. You can tailor your safe harbor plan to limit matching contributions to workers who postpone pay. You can also donate on behalf of all employees, including those who do not participate in their plans.

Plans can help in one of these ways:

Basic Safe Harbor

To be eligible for the company match, employees must contribute to the 401(k) plan. The company matches 100% of the first three percent of each employee's contribution and 50% of the following two percent.

Nonelective Safe Harbor

Employees may not need to contribute to the plan. The employer contributes 3% of their income, which is paid directly by the company and is not taken from employees' earnings.

Enhanced Safe Harbor

The employer matches the amount that would have been made under the basic plan. The ratio of elective to nonelective payments cannot rise as the worker's contributions rise.

Qualified Automatic Contribution Arrangement (QACA) Safe Harbor

This plan design provides two options: QACA Match and QACA Non-Elective Contribution.

QACA Match

Qualified participants must contribute to the plan and get a 100% employer match on the first 1% contribution, followed by a 50% match on the next 5% contribution.

QACA Non-Elective Contribution

Employees are not needed to contribute to the plan to receive the 3 percent employer contribution under QACA. Employer contributions must be fully vested after two years in the QACA Match and QACA Nonelective Contribution choices. There is also the option of selecting a 100% instant vesting timeline.

Benefits

Safe harbor 401(k)s have a few advantages:

  • Avoids the yearly nondiscrimination testing generally required for regular 401(k) plans
  • Has more contribution and vesting options
  • Employees needed to contribute to the plan to receive the employer contribution
  • Reduces plan maintenance by the necessity to follow a vesting schedule
  • Increases the number of deferrals available to highly compensated staff
  • Reduces the top-heavy nature of a strategy
  • Increases employee perks by offering profit-sharing or matching contributions

Setting up a Safe Harbor 401(k)

Look online or contact fellow company owners or financial professionals in your region for recommendations on retirement plan providers that can assist you in setting up a 401(k) or custom retirement plan for your small business.

Safe harbor 401(k) plans are preferable for businesses with consistent revenue sources. Other 401(k) plans may be better if you believe your company may have difficulty matching money routinely.

You may design an age-based scheme. In such instances, people nearing retirement age may benefit more from employer contributions.

Some programs divide employees into classes or levels, with older or more important employees receiving a more significant profit share.

The Bottom Line

A Safe Harbor 401(k) is a qualified retirement plan that offers employer-matching contributions and is exempt from certain annual testing requirements.

This plan benefits small businesses that want to offer retirement benefits without the hassle of yearly testing. Still, it may not be the best option for companies with fluctuating revenue sources.

If you plan to open this retirement account for your business, reach out to 401(k) providers in your area for assistance setting up the account.

FAQs

1. What is Safe Harbor 401(k)?

A Safe Harbor 401(k) is a qualified retirement plan that offers employer-matching contributions and is exempt from certain annual testing requirements.

2. How does Safe Harbor 401(k) work?

The employer match formula encourages employees to contribute to the plan. The employer also has the option to make contributions on behalf of their employees.

3. What are the advantages of Safe Harbor 401(k)?

Safe Harbor 401(k) advantages include avoiding yearly testing requirements and more contribution and vesting options. Employees are not required to contribute to the plan to receive the employer contribution.

4. How do I set up a Safe Harbor 401(k)?

If you plan to open this retirement account for your business, reach out to 401(k) providers in your area for assistance setting up the account.

5. Is Safe Harbor 401(k) the best option for my business?

Safe Harbor 401(k) plans are preferable for businesses with consistent revenue sources. Other 401(k) plans may be better if you believe your company may have difficulty matching money routinely.