On June 29, the IRS issued Notice 2020-52, offering welcome relief for plan sponsors that find themselves in a difficult financial situation as a result of the COVID-19 pandemic. The notice allows for the reduction or suspension of safe harbor contributions during the plan year without regard to typical annual requirements. It also addresses whether and how an organization can reduce safe harbor contributions for highly compensated employees (HCEs) only.
Under normal circumstances, and in a normal year, the IRS requires a plan’s safe harbor contribution to remain in effect for the entire plan year. Any suspension or reduction would be allowed only in the event of an economic loss for the plan sponsor or if the annual notice includes a statement to the effect that the plan may be amended during the plan year to suspend or reduce safe harbor contributions. In that case, the plan sponsor would be required to provide all eligible participants with a second notice, explaining the consequences of the amendment, the procedures for changing contribution elections and the effective date of the amendment.
As mentioned, the new notice provides relief to the requirements outlined above and gives plan sponsors a little more flexibility if they opt to amend plans between March 13, 2020 and August 31, 2020 to reduce or suspend safe harbor contributions (either match or non-elective). Plans may be amended for the reduction or suspension of safe harbor non-elective contributions without providing 30 days’ notice to plan participants as long as a notice is provided no later than August 31, 2020 and the amendment is not retroactive. Importantly, the above method and a delay of the participant notice requirement is not allowed for plans reducing or suspending safe harbor matching contributions, since those contributions affect employees’ contribution decisions. In order to reduce or modify a safe harbor match contribution, participants must be given the proper 30-day notice.
The guidance also provides clarification that sponsors can eliminate safe harbor 401(k) contributions for HCEs only and retain the plan’s safe harbor status, provided the safe harbor 401(k) contributions continue to be made for non-highly compensated employees. Note that a reduction or suspension for HCEs would change the content that’s required to be included in a plan’s safe harbor notice, so affected HCEs would have to be given an updated safe harbor notice and an opportunity to change their contribution elections.
Notice 2020-52 should be helpful to plan sponsors who have suspended or reduced, or are considering suspending or reducing, safe harbor matching contributions or safe harbor non-elective contributions in response to the COVID-19 pandemic. If you have any questions or need additional information, please don’t hesitate to reach out to your SD Retirement Solutions representative.
Schneider Downs Wealth Management Advisors, LP (SDWMA) is a registered investment adviser with the U.S. Securities and Exchange Commission (SEC). SDWMA provides fee-based investment management services and financial planning services, along with fee-based retirement advisory and consulting services. Material discussed is meant for informational purposes only, and it is not to be construed as investment, tax or legal advice. Please note that individual situations can vary. Therefore, this information should be relied upon when coordinated with individual professional advice. Registration with the SEC does not imply any level of skill or training.
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Material discussed is meant for informational purposes only, and it is not to be construed as investment, tax, or legal advice. Please note that individual situations can vary. Therefore, this information should be relied upon when coordinated with individual professional advice.