IRS Addresses Correction Method For Failure To Timely Provide Safe Harbor 401(k) Notice

Explore:  401k IRS Safe Harbors

In its retirement plan newsletter, the IRS stated that plan sponsors of safe harbor 401(k) plans who fail to issue safe harbor notices to employees on a timely basis may be required to make different corrections for different employees, depending on the impact of the non-issuance on each employee.

For example, the newsletter stated, if the non-issuance of the notice resulted in an employee being unable to make elective deferrals to the plan, then the plan sponsor may need to make a corrective contribution to the plan. On the other hand, if an employee was otherwise informed of the plan’s features and the method for making elective deferrals, the failure to provide the notice may be treated as an administrative error and corrected by ensuring that notices are timely delivered in the future.

Failures to provide safe harbor notices may be corrected using either the Self-Correction Program (SCP) or the Voluntary Correction Program (VCP) under the IRS’s Employee Plans Compliance Resolution System (EPCRS), depending on the severity of the error. Generally, plan sponsors must provide the safe harbor notice to eligible participants 30 to 90 days before the beginning of each plan year. To employees who are due to become eligible, the notice must generally be provided no earlier than 90 days and no later than the eligibility date.

Written by:

Published In:


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Franczek Radelet P.C. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.