What Is a Safe Harbor Retirement Plan and Is It Right for Your Company?

As a small business owner, managing employee benefits is a crucial part of maintaining a competitive and supportive workplace. In addition to offering competitive salaries, health insurance, and employer-sponsored retirement plans, Safe Harbor 401k plans are also a part of these responsibilities. These plans are specifically designed to reduce the administrative burden on employers while ensuring employees can maximize their savings potential.

At CMP, we will help you understand your retirement plan options and ensure you choose the best fit for your company. This guide will explain how Safe Harbor 401k plans work and how they can benefit your business.

What Is a Safe Harbor Retirement Plan?

A Safe Harbor 401k plan is a retirement savings option that allows businesses to provide employees with valuable benefits while simplifying compliance with IRS regulations. Normally, companies must undergo nondiscrimination tests to ensure that highly compensated employees don’t receive disproportionate benefits. However, with a Safe Harbor 401k plan, businesses can bypass these tests by following specific guidelines, such as making guaranteed contributions to all eligible employees.

This plan makes things easier for employers and ensures employees consistently receive retirement benefits.

How Does Safe Harbor 401k Plan Work?

Safe Harbor 401k plans require employers to contribute to employees’ retirement funds. The contributions can be made regardless of whether the employee contributes. These plans follow strict IRS guidelines, and although this makes them less flexible than traditional 401k's, they are still more compliant. The employer is exempt from the annual nondiscrimination tests in return for meeting these requirements.

What Are the Requirements of a Safe Harbor Plan?

To establish a Safe Harbor 401k plan, employers must meet several key requirements:

• Mandatory Employer Contributions: Employers must make fixed, mandatory contributions to employees' plans using one of three formulas (discussed below). Regardless of an employee's participation, this contribution is guaranteed.
• Immediate Vesting: Safe Harbor contributions are immediately 100% vested (in other words, the employee fully owns them as soon as they are made).
• Compliance with IRS Regulations: Employers must adhere to specific IRS rules to preserve Safe Harbor status. This includes providing timely notice to employees about the plan and ensuring that contributions align with the IRS’s Safe Harbor guidelines.
• Restrictions on Amendments: Employers should be aware that making changes to the Safe Harbor plans mid-year will have some limits. Once established, the employer generally cannot reduce or eliminate contributions during the plan year, except in rare situations.
• Timing for New Plans: For businesses establishing a new 401k with a Safe Harbor provision, specific timing requirements determine when the plan can take effect. If you’re adding a Safe Harbor feature to an existing 401k, you may have to wait until the next calendar year.

The Three Safe Harbor Contribution Formulas

To qualify as a Safe Harbor 401k plan, employers must choose one of the following contribution formulas:

• Non-Elective Contribution: The employer contributes 3% of each employee’s compensation. This option guarantees a contribution for all eligible employees, regardless of participation.
• Basic Match: The employer matches 100% of the employee's contributions up to 3% of their compensation, plus a 50% match on the next 2%. If staff members contribute at least 5% of their salary, they will receive a full match from management.
• Enhanced Match: The employer matches 100% of employee contributions, usually up to 4% of their compensation, which is considered more generous.

Whether you choose the Basic or Enhanced Match, all Safe Harbor employer contributions are 100% vested as soon as they are made, ensuring that employees own them right away.

Each formula has specific advantages based on your company's financial goals and employee demographics. A consultation with a financial advisor can help you decide which option best meets your business needs.

Which Safe Harbor Contribution Formula Should You Consider?

To pick the right contribution formula, you should consider factors like your company's size, budget, and long-term goals. Here are a few scenarios to consider:

• For Small Businesses: If your company wants all employees to receive a contribution despite a limited budget, the Non-Elective Contribution may be the best option. However, although it guarantees a 3% contribution for all eligible employees, it can be more expensive because contributions are required even if not all employees participate in the plan.
• Encouraging Employee Savings: The Basic or Enhanced Match is often the better choice for companies that want to encourage employee participation in the 401k plan. For example, the Enhanced Match is popular among companies that want to boost employee savings and engagement. In fact, the 4% match is one of the most commonly used formulas among many businesses.
• Employee Retention and HR Strategy:  If retaining top talent is your goal, offering a higher match percentage or exceeding the minimum requirements can make your benefits package more attractive. Companies focused on employee retention and building loyalty often choose the Enhanced Match formula for this reason.

Safe Harbor contributions must be made annually. In other words, a strong cash flow is essential to be consistent with these commitments. This can be a critical factor in choosing the right plan, especially for growing businesses. It’s advisable to consult a financial advisor to determine which option aligns best with your financial stability and business objectives.

What Are the Safe Harbor 401k Deadlines?

Employers must meet several key deadlines when implementing or amending a Safe Harbor 401k plan. These deadlines differ depending on the following factors:

Notice Deadline

Employees must receive a Safe Harbor notice 30 to 90 days before the start of the plan year. To ensure compliance for new plans starting in the first year, this notice must be sent by September 1st.

Plan Establishment Deadline

A new Safe Harbor plan must be set up by October 1st to be effective in the current calendar year. That will give employees enough time to make elective deferrals for at least three months during the first plan year.

Deadlines for Non-Elective Contributions

A Safe Harbor 401k plan can be set up to provide non-elective contributions to employees' accounts, but the employer must let the employees know about it in advance. For a 3% contribution, the employer must provide notice by December 1st of the prior plan year and apply the plan retroactively to January 1st of the prior year. 

For a 4% contribution, the employer can wait until December 31st of the prior plan year to provide notice. When it comes to existing 401k plans, employers can make adjustments, but it's important to note that modifying or adding a Safe Harbor match mid-year is not permitted.

Service Provider Deadlines

It’s essential to also communicate with your service provider, as they may have internal deadlines to prepare the necessary plan documents before the legal deadlines.

Failure to meet these deadlines could result in penalties or the loss of your plan's Safe Harbor status, making it critical to stay on top of these dates.

Are There Additional Restrictions on Safe Harbor Plans?

Yes, Safe Harbor plans have some added restrictions. In general, employers cannot reduce or remove contributions mid-year, except under very special circumstances, but even so, there is a limit on how many changes can be made. Any changes also require advance notice to employees. 

If certain changes are permitted mid-year, the plan may be subject to nondiscrimination testing for the entire year, removing one of the key benefits of Safe Harbor status. Due to the complexity of these rules, it’s critical to consult with a third-party administrator or legal expert to ensure full compliance with IRS regulations and avoid potential penalties.

What Are the Safe Harbor Contribution Limits?

For 2024, the contribution limits for Safe Harbor 401k plans are the same as for traditional 401k plans. Employees can contribute up to $23,000, with those aged 50 and over eligible for an additional $7,500 catch-up contribution. These provisions are particularly valuable for those exploring how to catch up on retirement savings, offering business owners and Highly Compensated Employees (HCEs) greater flexibility and enhanced retirement savings opportunities.

Additionally, managers can contribute up to 25% of staff members' total compensation, but the combined employee and employer contributions must not exceed the IRS's total annual contribution limit. As long as you keep those limits in mind, you can fully utilize the plan’s benefits and ensure compliance.

When Should Your Company Consider a Safe Harbor Plan?

A Safe Harbor 401k plan is an excellent option for businesses facing certain challenges or aiming to boost retirement plan participation:

• Failing Nondiscrimination Tests: If your company’s traditional 401k plan has failed compliance or nondiscrimination testing, adopting a Safe Harbor plan can guarantee passing results in the future.
• Top-Heavy Plans:  If your plan is top-heavy, in other words, key employees hold more than 60% of assets, Safe Harbor plans can help maintain compliance without additional employer contributions.
• Boosting Contributions for HCEs: Highly Compensated Employees (HCEs) can optimize their contributions without worrying about failing nondiscrimination testing.
• Low Employee Engagement: If your non-highly compensated employees have low participation because of financial difficulties or other reasons, Safe Harbor plans can spur greater involvement by providing secure employer contributions.
• Simplifying Plan Administration: Safe Harbor plans can make plan management easier for employers by reducing administrative difficulties and removing the need for nondiscrimination testing.

How Do Safe Harbor Plans Affect Key Employees?

Safe Harbor plans are especially beneficial for key employees, such as executives or Highly Compensated Employees (HCEs), since they may contribute the maximum allowable amount to their 401k without the risk of failing nondiscrimination tests. Here’s how:

• Avoiding Top-Heavy Contributions: If your 401k plan becomes “top-heavy,” meaning more than 60% of plan assets are held by key employees, employers are typically required to make additional contributions to non-key employees. Safe Harbor plans automatically pass top-heavy testing (unless combined with profit-sharing), protecting employers from unexpected, costly contributions.
• Maximizing Contributions for HCEs: In companies where non-HCEs don’t contribute as much, HCEs may be limited in their contributions due to nondiscrimination rules. With a Safe Harbor plan, HCEs can contribute to the maximum limits without jeopardizing the plan’s compliance, offering them the flexibility to save more for retirement.
• For Small and Medium-Sized Businesses: Whether your company has a few or dozens of employees, Safe Harbor plans to ensure that key employees can fully participate in the company’s retirement plan, making it easier to retain top talent by offering competitive retirement benefits.

What Is the Benefit of a Safe Harbor 401k?

Safe Harbor 401k plans offer numerous advantages for both employers and employees, making them a popular choice for many companies:

• Simplified Compliance: Safe Harbor plans automatically pass key nondiscrimination tests and satisfy top-heavy testing requirements, so employers don’t have to worry about failing these tests each year.  You'll have less administrative work and possible compliance issues.
• Tax Benefits: Both the company and the employees can enjoy huge tax savings since Employer contributions to Safe Harbor plans are tax-deductible, and employee contributions grow tax-deferred until retirement, making these plans a smart choice for small business tax planning.
• Employee Retention and Motivation: Thanks to the guaranteed employer contributions to Safe Harbor plans, employees are more likely to stay with the company, increasing employee participation rates and overall job satisfaction.
• Recruitment Advantage: Your company will be more attractive to potential hires, thanks to the Safe Harbor plans, its excellent retirement benefits, and the complicated annual testing.
• Tax Credits for Small Businesses: Under the Secure Act 2.0, small businesses with up to 50 employees can receive a tax credit covering 100% of plan start-up costs (up from 50%). For the first three years, this is capped at $5,000. Businesses with 51 to 100 employees can claim a credit for 50% of administrative costs, with the same annual cap for three years. If an automatic enrollment is added to this plan, you may have an extra $500 available tax credit. Over three years, this could mean $16,500 in savings.

What Is the Disadvantage of a Safe Harbor 401k?

While Safe Harbor 401k plans have several advantages, there are also some drawbacks:

• Cost: Employer contributions to all eligible employees are mandatory, even if some employees do not make their contributions. If you're a business that offers high salaries, this can become expensive.
• Commitment: Safe Harbor plans require a one-year commitment. You need to keep the plan throughout the year and cannot change the contribution structure without potentially incurring additional costs or administrative burdens.
• Administrative Requirements: Safe Harbor plans must provide an annual notice to employees at least 30 days before the new plan year begins, which increases your administrative work. It’s important to comply with this requirement. Otherwise, this could result in issues with plan compliance.
• Termination Fees: If you terminate the plan before the end of the commitment period, you may be charged a fee, but that depends on the 401k provider. These fees can create an unnecessary financial burden.
• Limited Flexibility: Safe Harbor plans are less flexible than traditional 401k plans. Once they are established, the contribution rates and plans are less adjustable. As a result, it may be challenging to respond to changes in business circumstances or financial goals mid-year.

How Does a Safe Harbor 401k Compare to a Traditional 401k Plan?

Although a Safe Harbor 401k plan has similarities with a traditional 401k plan, there are some major differences. Safe Harbor plans require mandatory employer contributions. Those are fully vested at once. However, they are not subject to the complex annual nondiscrimination tests, simplifying plan administration.

Employers who offer Safe Harbor plans must adhere to specific requirements. That includes providing an annual notice to employees at least 30 days before the new plan year begins.  The plan must also be set up by an October 1 start date for calendar year plans. Additionally, it’s important that employers give eligible employees timely information about the plan.

Are Safe Harbor Contributions 100% Vested?

Yes, Safe Harbor contributions are 100% vested from day one, eliminating the delays often associated with a traditional 401k vesting schedule. Employees fully own these employer contributions as soon as they are made, making this a great advantage for those who may not stay long-term at a company but still want to benefit from employer contributions.

Is a Safe Harbor 401k Plan the Right Choice for Your Business?

Safe Harbor 401k plans offer an efficient approach to retirement benefits, providing both compliance ease and employee incentives. Without the complex annual testing and with an immediate guaranteed vesting, these plans make retirement planning for your business easier. Moreover, this can increase employee satisfaction, which leads to employee retention.

CMP is here to assist if you're thinking of a Safe Harbor 401k plan or would like expert guidance on enhancing your retirement benefits. Our team of certified retirement planning professionals can help you review the details and implement the best strategy for your company’s needs.

Ready to explore your options? Click below to schedule a consultation with our experts and take the next step towards a well-structured retirement plan.