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February 23, 2009 at 07:00 PM
Some 401(k) plan sponsors will have to shut down their plans this year if the government does not lift a 3% minimum contribution requirement.
The American Society of Pension Professionals & Actuaries, Arlington, Va., has issued that warning in a letter asking the Internal Revenue Service to help ease the contribution rules for sponsors of 401(k) “safe harbor” plans.
At a time when the economy was strong, the IRS permitted sponsors to avoid some contribution discrimination tests by agreeing to contribute an amount equal to 3% of each plan participant’s salary to each participant’s account.
This year, the recession is forcing many employers to suspend or reduce 401(k) plan matching contributions.
Under existing regulations, employers that cannot afford to continue the 3% nonelective safe harbor contributions “have no other recourse than to terminate their plans,” ASPPA says.
