What Is a Safe Harbor 401(k) Plan?
A Safe Harbor 401(k) plan is an employer-sponsored retirement plan that allows companies to make larger contributions than traditional 401(k) plans. This is because the plan is excused from some of the nondiscrimination tests that apply to regular 401(k) plans.
Typically, the Internal Revenue Service (IRS) requires companies to undergo annual nondiscrimination tests to ensure that highly-compensated employees (HCEs), Key Employees and average workers have a relatively balanced participation in a company's 401(k) plan.
The idea is to encourage all employees to save for retirement, not just those with high salaries.
Companies can offer a 100% match based on an employee's salary deferred contribution. Employers may also choose to make a non-elective contribution computed as a percentage of an employee's annual salary, regardless if the employee participates in the 401(k) plan.
The formulas for these are usually very standard across record keepers.
For example, the basic match has a floor of 4%, meaning that the employer must match up to 4% of employee contributions. The non elective has a lower floor of 3% of employees salaries. This “non elective” will go to everyone who is eligible for the plan, regardless of whether they are contributing their own funds or not.
With Safe Harbor 401(k) plans, companies are able to offer a generous retirement plan to their employees without worrying about the complexities and costs associated with nondiscrimination testing.
Advantages of Safe Harbor 401(k) Plans
Safe Harbor 401(k) plans are generally exempt from nondiscrimination testing and reporting associated with traditional 401(k)s. It means that less paperwork is incurred by employers, while employees benefit from greater access to their 401(k) funds.
Employer matching and non-elective contributions may be tax-exempt as business expenses. By contributing to their employees' retirement accounts, employers can potentially lower their overall payroll taxes.
It also increases their employees' retirement savings. Employees can max out contribution limits without monitoring how their contributions weigh relative to all others in the 401(k) plan. It can help companies to attract and retain top talent and boost employee morale.
Small businesses may also qualify for tax credits to cover the costs of setting up a 401(k) plan. Overall, these advantages can increase a company's bottom line.
Disadvantages of Safe Harbor 401(k) Plans
Consider the following drawbacks of Safe Harbor 401(k) plans:
Mandatory Employer Contributions
A key characteristic of Safe Harbor is that companies are required to make contributions to all employee 401(k) plans. It can be a percentage match based on an employee's contribution or a non-elective contribution based on annual salary.
It is the tradeoff for exemption from typical IRS nondiscrimination tests. However, it can be burdensome to companies that may not want to commit to making such contributions every year.
Costs
Safe Harbor 401(k) plans can be a huge financial burden for businesses during certain years in which they do not have deep enough pockets to match their employees' contributions.
Since employer contributions to employee 401(k)s are required, costs can pile up. The more employees a company has, the greater the financial burden.
For example, suppose a company makes 3% non-elective contributions to employee 401(k) accounts. The company contributes based on employees' annual salary even if they do not participate or contribute to the account themselves.
No Guarantee You'll Pass Top-Heavy Tests
Even if a business adopts a Safe Harbor plan, it does not guarantee that their company will pass a top-heavy test each year.
Safe Harbor covers employer matching and non-elective contributions. However, other employer contributions, such as profit-sharing, may not be exempted.
It can trigger top-heavy tests, which means the company must set aside funds for key employees. Employers must still monitor how contributions are being allocated to ensure compliance.
Alternatives to Safe Harbor 401(k) Plans
If a Safe Harbor 401(k) plan seems unsuitable to your company's financial situation and goals, you may consider these alternatives and explore sustainable 401(k) plans:
Individual 401(k) Plans
These are similar to Safe Harbor or traditional 401(k) plans in that they offer the same tax advantages but with fewer employer requirements. An individual 401(k) plan is most suitable for owner-only businesses and self-employed individuals.
It is easier and cheaper to administer with higher potential contribution limits than other retirement plans. It also allows salary deferrals and profit-sharing contributions. Lastly, account owners have the freedom to choose which investments to make in their plans.
Profit-Sharing Plans
Profit-sharing plans are another type of employer-sponsored retirement plan, where an employer contributes to employees’ accounts based on a company's annual profits or productivity.
The contribution is typically determined as a set percentage of the employee's salary and may vary yearly depending on the company's performance. Profit-sharing plans can be used to give employees a sense of ownership of the business.
It also allows employers more flexibility regarding how much money they contribute toward employee retirement savings compared to a Safe Harbor 401(k).
SIMPLE IRA Plans
Another alternative to a Safe Harbor 401(k) is a Savings Incentive Match Plan for Employees. This type of individual retirement account (IRA) is designed specifically for small businesses and self-employed individuals.
A SIMPLE IRA allows employees to make salary deferral contributions, much like a traditional 401(k) or Safe Harbor 401(k). It requires no discrimination tests and is easily set up with lower associated costs.
Employers must match employee contributions up to 3% of salary or contribute 2% in non-elective employer contributions for all eligible employees. All contributions to the plan are tax-deferred until withdrawal.
SEP IRA Plans
The Simplified Employee Pension (SEP) IRA may be attractive to small business employers who cannot afford to make employer contributions or do not want to commit to regular matching contributions.
SEP IRA allows employees to contribute pre-tax money into their own accounts up to the IRS annual contribution limit. The employer does not have to match contributions; they make a one-time contribution for all eligible employees each year instead.
Contributions are subject to nondiscrimination rules, and there are no filing requirements beyond Form 5500.
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The Bottom Line
A Safe Harbor 401(k) plan is an employer-sponsored retirement plan designed to allow companies to avoid nondiscrimination testing by the IRS.
Employers are required to make either matching or nonelective contributions on behalf of their employees, vested immediately.
Disadvantages include the mandatory nature of employer contributions, which can be financially burdensome depending on the number of employees a company has. Safe Harbor is also not guaranteed to pass top-heavy tests.
If a Safe Harbor 401(k) plan seems unsuitable for your company's situation and goals, alternative retirement plans include individual 401(k)s, SIMPLE IRAs, SEP IRAs, and profit-sharing plans.
Consult a financial advisor for further guidance on each alternative plan's details and decide which is the best fit for your company.
Disadvantages of Safe Harbor 401(k) and the Best Alternative FAQs
What is a Safe Harbor 401(k) plan?
A Safe Harbor 401(k) plan allows larger contributions to be made to employees' retirement savings. It is designed so that employers make contributions on behalf of their employees without having to worry about IRS nondiscrimination tests.
What are the disadvantages of Safe Harbor 401(k) plans?
The main disadvantage relates to mandatory employer contributions. With Safe Harbor 401(k)s, costs can be burdensome as the number of employees rises. Also, though this type of 401(k) plan is exempt from the usual nondiscriminatory tests, it is not guaranteed to pass top-heavy tests triggered by contributions like profit-sharing.
Are there alternatives to Safe Harbor 401(k) plans?
Yes. Possible alternatives are individual 401(k)s, SIMPLE and SEP IRAs, and profit-sharing plans. You may choose depending on your company's financial situation and goals.
What is the vesting schedule for Safe Harbor 401(k) plans?
Employer matching or non-elective contributions under Safe Harbor 401(k) plans are 100% vested. Typically, the vesting schedule is immediate. If not, the Internal Revenue Service limits vesting within a maximum of 2 years.
Can a company have both a traditional 401(k) plan and a Safe Harbor 401(k) plan?
It is possible for a company to have both a traditional 401(k) plan and a Safe Harbor 401(k) plan. However, the plans must be run as separate entities and any contributions made by employees or employers must not be intermingled between the two. Additionally, it should be noted that if an employer decides to offer both a traditional 401(k) plan and a Safe Harbor 401(k) plan, the employer cannot cherry-pick which employees can take advantage of the Safe Harbor features. All eligible employees must be given equal access to both plans.
