What s the Easiest Way to Pass a 401(k) NONDISCRIMINATION TEST? TRANSAMERICA. The retirement answer.

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1 What s the Easiest Way to Pass a 401(k) NONDISCRIMINATION TEST? TRANSAMERICA. The retirement answer.

2 Skip it with SAFE HARBOR contributions. It s true. A company can forego 401(k) nondiscrimination tests by making a prescribed level of safe harbor contributions and giving timely notice to employees. Read on to find out how a safe harbor 401(k) plan can benefit a plan sponsor and to learn more about the rules that make safe harbor plans so attractive.

3 WHAT ARE THE BENEFITS? SAFE HARBOR PLANS CAN: Eliminate 401(k) nondiscrimination tests: Average Contribution Percentage (ACP) and Average Deferral Percentage (ADP) Permit the maximum allowable elective deferrals for highly compensated employees (HCE) Eliminate ADP and ACP test fees and time-consuming test preparation In some cases, safe harbor contributions can be used to satisfy the top-heavy required contributions and be counted in the New Comparability (NCP) calculations HOW DOES IT WORK? There are two types of safe harbor contributions: Safe harbor matching and safe harbor non-elective All safe harbor contributions must be 100% vested. In addition, a timely notice that describes some of the benefits and features provided under the plan must be provided to employees. General GUIDELINES Basic safe harbor matching: 100% match on deferrals up to 3% of compensation plus 50% match on deferrals above 3% but not more than 5%, for all eligible non-highly compensated employees Basic safe harbor non-elective: non-elective contribution equal to at least 3% of compensation for all eligible non-highly compensated employees The employer may also elect to provide the safe harbor match or the safe harbor non-elective contribution to highly compensated employees

4 General GUIDELINES (continued) 100% vesting for all safe harbor contributions (not required for other employer contributions) No hardship withdrawals on safe harbor contributions Existing profit-sharing plans can be amended to add a safe harbor 401(k) feature if: Plan is not a successor plan 401(k) feature is effective no later than 3 months before plan year end All other safe harbor requirements are satisfied from the date the 401(k) is added to the end of the plan year Amending from safe harbor to traditional matching during the year by eliminating or reducing future matching is permitted if: Plan is amended before the effective date of the reduction or elimination and Supplemental notice is given to eligible employees explaining consequences of amendment and Reduction or elimination of safe harbor matching is effective no earlier than 30 days after supplemental notice is given or the date amendment is adopted, whichever is later and Before the elimination or reduction eligible employees are given a reasonable period of time to change their deferral elections and The plan amendment states that the ADP/ACP tests will be performed and satisfied for the entire plan year using the current year testing method and All other safe harbor requirements are satisfied through the amendment s effective date

5 Top-Heavy Testing and Other Rules: Top-heavy minimum contributions are not required for the year if the only employer contribution is the safe harbor contribution and no forfeitures are allocated that year Safe harbor non-elective contributions can be used to satisfy NCP gateway contributions and top-heavy minimum contribution requirements ACP test is still required for after-tax employee contributions or when match exceeds certain levels Same waiting period for safe harbor matching as for elective deferrals Cannot impose last day or hours conditions for eligibility to share in safe harbor contributions The discretionary maximum match in addition to the safe harbor match cannot be more than 4% of compensation This is not a comprehensive statement of all safe harbor requirements and restrictions. Plan sponsors should consult their legal advisor or call Transamerica for more information.

6 Which companies are THE BEST CANDIDATES You must compare the cost and time savings of eliminating the need for ADP/ACP tests with the expense of 100% vested safe harbor contributions. Not all companies are good candidates for a safe harbor plan. Safe harbors are ideal for the following types of 401(k) plans: Top-heavy plans and New Comparability/401(k) plans Plans already providing matches close to safe harbor levels Plans already providing high vesting levels Plans unable to maximize HCE deferrals due to ADP testing limitations

7 TO FIND OUT MORE, CONTACT YOUR TRANSAMERICA RETIREMENT SERVICES 1 CONSULTANT.

8 1 Transamerica Retirement Services (Transamerica or TRS), a marketing unit of Transamerica Financial Life Insurance Company and its affiliates, specializes in the promotion of retirement plan products and services. TRS