Topic Archive: Safe Harbor

Can I Pre-Fund a Matching Contribution for a Participant Who Terminated Employment?

DWC | 08/1/17

Facts

Our company sponsors a safe harbor 401(k) plan that provides for a dollar-for-dollar match up to 4% of pay. At the end of each year, we calculate the total matching contribution, and we usually make the deposit in the late summer. For example, we deposit the matching contribution for 2017 in August or early September of 2018.

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What's Old Is New Again

Adam C. Pozek | 11/14/14

Whether we’re talking fashion or music or architecture or barber shops, it seems things that have faded from existence eventually come back around.  See if this cycle looks familiar:  cutting edge becomes status quo becomes so last week becomes so [insert decade] becomes retro becomes vintage.

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Werewolves of Pension

Adam C. Pozek | 03/17/11

I was recently asked to write an article on ERISA Section 404(c).  As I contemplated how to approach the article, I recalled many situations in which I have heard 404(c) pitched as the mythical silver bullet to save plan fiduciaries from the specter of liability associated with participant-directed investments.

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Easy Peasy Lemon Squeezy…Not When It Comes To Retirement Plans

Adam C. Pozek | 02/20/11

Qualified plans are complicated beasts regardless of size or design.  This truth is sometimes forgotten at this time of year when sponsors and service-providers are busy dealing with nondiscrimination testing and contribution calculations.  I've many situations in which a plan sponsor decided to skip testing for a year, because their plan was so easy there was no way it could fail.  Similarly, I've seen service-providers decide to skip the critical peer review step in their process, because nothing could possibly have been missed on such an easy plan.

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