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Employer 401 Case Study

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We often ask the question, “How does our 401(k) plan stack up?” When you are an employee, you will consider items such as the investment choices, administration fees, or loan terms. However, if you are an owner, the most important thing to think about may be how to contribute the highest amount you can under Section 415. For 2016, the defined contribution plan annual addition limit without catch-up is $53,000, and will rise to $54,000 next year.
The Internal Revenue Code (IRC) subjects qualified employer plans to compliance testing. Employer 401(k) plans must pass the “actual deferral percentage” (ADP) test, and if there are employer match contributions, the “actual contribution percentage” (ACP) test. However, safe harbor plans are not subject to discrimination testing if the plan sponsor contributes a pre-approved safe harbor employer contribution.
Safe harbor plans guarantee that the Highly Compensated Employees (HCEs) will be able to contribute the maximum deferral amount of $18,000, but not necessarily the maximum annual addition under Code Section 415. In those cases, the triple stack match formula may be the solution, as follows:
Stack One: 100% of the first 3% of deferrals, plus 50% on the next 2% of deferrals. That means that if an employee defers 5%, they will receive the maximum 4% of compensation match on the first …show more content…

In addition to the requirements discussed above, it is important to remember that none of the stacked matches can require a 1,000 hour of work or employment at year end. Stack One also cannot be subject to vesting, as it must be fully vested to qualify as safe harbor. Provisions for the triple stack match must be in place before the start of the plan year in which they are

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