Safeharbor 401k Profit Sharing Plans

Safe Harbor Plan

Non-Elective Safe Harbor Non-QACA Match Safe Harbor QACA Safe Harbor Starter 401(k)
Employer Requirement Any employer may sponsor Any employer may sponsor Any employer may sponsor May be the only plan in the controlled group
Employee Eligibility May impose any permissible eligibility condition as long as coverage is met May impose 410 age and service (e.g., age 21 and 1 year of service); may exclude collectively bargained. No other exclusions permitted.
Automatic Enrollment (ignoring mandate) Permitted; Not Required Permitted; Not Required Auto-enrollment required at 3%-15%; auto-escalation required up to at least 6% (not more than 15%) Auto-enrollment required at 3%-15%
Auto-enroll mandate Plans established after December 29, 2022, are subject to SECURE 2.0 automatic enrollment requirements in addition to any requirement noted above. Generally auto-enrollment required at 3%-10%; auto-escalation up to 10-15%; and permissible (EACA) withdrawals.
Employee Contribution Limits Up to 402(g) limit: $23,000 in 2024; $7,500 catch-up for 50+ Up to 402(g) limit: $23,000 in 2024; $7,500 catch-up for 50+ Up to 402(g) limit: $23,000 in 2024; $7,500 catch-up for 50+ $6,000 in 2024 $1,000 catch-up for 50+
Required Employer Contribution for NHCEs Non-elective contribution of at least 3% of compensation Match at least equal to 100% of the first 3% comp deferred, plus 50% of the next 2% of comp deferred Non-elective contribution of at least 3% of comp OR
Match of at least 100% of the first 1% of comp deferred plus 50% on the next 5% of comp deferred
No contribution required
Permitted Additional Match w/out ACP testing Amount up to 415 limit as long as: (1) deferrals that exceed 6% of comp are not matched, (2) the rate of match doesn’t increase as the rate of deferrals increases, and (3) no HCE can receive a greater match than any NHCE No employer contributions permitted
Vesting 100% Vested 100% Vested Up to 2-year cliff vesting N/A
Notice Requirement Potentially not required Initial eligibility and annually thereafter Initial eligibility and annually thereafter Initial eligibility and annually thereafter