The employer must make at least either: A matching contribution of 100 percent for salary deferrals up to 1 percent of compensation and a 50 percent match for all salary deferrals above 1 percent but no more than 6 percent of compensation; or. A nonelective contribution of 3 percent of compensation to all participants.
A safe harbor 401(k) plan is similar to a traditional 401(k) plan, but, among other things, it must provide for employer contributions that are fully vested when made.
Under ERISA, each fund is subject to additional requirements and obligations once more than 25 percent of the fund's assets under management (AUM) are subject to ERISA (the 25 percent threshold).
Generally, a plan may require an employee to be at least 21 years old and to have a year of service with the company before the employee can participate in a plan. However, plans may allow employees to begin participation before reaching age 21 or completing one year of service.
If you establish a SIMPLE 401(k) plan, you: Must have 100 or fewer employees. Cannot have any other retirement plans. Need to annually file a Form 5500.
In general, an employee must be allowed to participate in a qualified retirement plan if he or she meets both of the following requirements: Has reached age 21. Has at least 1 year of service.
There is no minimum number of employees that a business must have for ERISA law to apply. Employers must follow ERISA rules when developing and implementing a retirement and/or health benefits plan. They are required to clearly spell out details of the plan's features within a Summary Plan Description (SPD).