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safe harbor 401k

A 401(k) plan is a widely used type of employer-sponsored retirement plan that allows employees to set aside pre-tax dollars for their retirement. Safe harbor 401(k) plans are a special type of 401(k) plan that small businesses use. Though there are trade-offs, safe harbor 401(k) plans provide small business owners who want to offer a retirement savings plan to their employees a way around specific IRS tests.

How Safe Harbor 401(k) Plans Work

safe harbor 401k

In most ways, a safe harbor 401(k) operates like any other 401(k). The employer sponsors the plan and employees choose whether or not to participate. Participants deposit money before taxes apply and decide how to invest that money.

Safe harbor 401(k) plans, however, are not subject to specific IRS nondiscrimination tests, which are described in further detail below. This is the main motivation for creating a safe harbor 401(k). It frees business owners from worrying about whether their plan is in danger of violating the test and potentially running into issues with the IRS.

In exchange, the business owner has to offer a minimum employer match. There are three basic types of matches the employer can offer:

  • Non-Elective: A contribution of 3% to all employees. This goes to every employee, even those who don’t contribute themselves
  • Basic: A dollar-for-dollar match of the first 3% of an employee’s compensation and 50 cents on the dollar for the next 2%.
  • Enhanced: The employer matches 100% of the first 4% of an employee’s contribution.

Employer matches under a safe harbor 401(k) must vest immediately, meaning receiving the money is not contingent on working for the company for a certain time period.

What Are the IRS Nondiscrimination Tests?

Most 401(k) plans are subject to an annual test by the IRS that looks at the difference between the highest paid employees at a company and those who receive less compensation. The purpose of the test is to make sure that executives and other highly paid employees aren’t the only ones at the company who are using the workplace plan.

The test divides employees into highly compensated employees and non-highly compensated employees. Highly compensated employees earn at least $125,000 per year for 2019 or own 5% or more of the company.

A 401(k) plan must pass both the actual deferral percentage (ADP) test and the actual contribution percentage (ACP) test. To pass, the ACP and ADP of all highly compensated employees must not exceed:

  • the greater of 125% of the ACP and ADP of all non-highly compensated employees
  • the lesser of either:
    •  200% of the ACP and ADP of all non-highly compensated employees
    • 102% of the ACP and ADP of all non-highly compensated employees

Why Companies Use Safe Harbor 401(k) Plans

The IRS is, to be frank, a pain to deal with. The less you have to worry about potentially violating a rule, the better. This is especially true for small business owners who are worried about many other issues. Using a safe harbor 401(k) costs a company a bit in terms of contributions to employee accounts, but it saves it the hassle of dealing with the IRS discrimination tests each year.

Small companies also are more likely to fail the nondiscrimination tests because there aren’t enough non-high compensation employees to make up for the contributions of the high compensation employees. A safe harbor 401(k) is a way to render the test irrelevant if a company knows it’s likely to fail. If a company doesn’t add a safe harbor provision and its plan fails testing, then highly compensated employees would be severely limited in how much they could contribute to their 401(k).

Safe Harbor 401(k) Plans for Employees

For employees, a safe harbor 401(k) plan will generally work no differently than any other 401(k) plan. You put money into your plan as a percentage of your paycheck. It’s then invested in stocks, bonds or mutual funds. You pay taxes when you withdraw your money in retirement.

The only major difference would be if your company chose to automatically deposit 3% of your compensation. If this happens, you’ll have a 401(k) account even if you didn’t choose to participate. This requires nothing from you, though, and you essentially are getting free money. If your employer does the company match option, it works like any other company match, and you’ll have even more money in your account to invest and save for retirement.

The Bottom Line

safe harbor 401k

A safe harbor 401(k) is a specific type of workplace retirement plan. It allows small business owners to avoid nondiscrimination tests that the IRS subjects most 401(k) plans to. In exchange for avoiding this test, the business must offer a company match to its employees. There are three basic types of matches that employers can offer: non-elective, basic and enhanced. For employees, a safe harbor 401(k) works just like any other 401(k) plan.

Retirement Planning Tips

  • For help with your safe harbor 401(k) account, find a financial advisor through SmartAsset’s free financial advisor matching service. You answer a few questions. We match you with up to three financial advisors in your area, all free of disclosures and completely vetted. You talk to each advisor to ask questions and make a decision about how you want to proceed.
  • Part of your retirement savings plan is knowing how much you’ll need to save to live your best life in retirement. Figure out that number – and see if you are on track – with SmartAsset’s free retirement calculator.

Photo credit: © Dolmatov, ©, ©

Ben Geier, CEPF® Ben Geier is an experienced financial writer currently serving as a retirement and investing expert at SmartAsset. His work has appeared on Fortune, and CNNMoney. Ben is a graduate of Northwestern University and a part-time student at the City University of New York Graduate Center. He is a member of the Society for Advancing Business Editing and Writing and a Certified Educator in Personal Finance (CEPF®). When he isn’t helping people understand their finances, Ben likes watching hockey, listening to music and experimenting in the kitchen. Originally from Alexandria, VA, he now lives in Brooklyn with his wife.
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