What is a "safe harbor" provision in a 401(k) plan?

A "safe harbor" provision in a 401(k) plan primarily serves to ensure equitable contributions for employees. This feature is designed to help employers conform to non-discrimination testing requirements, which are established by the IRS to ensure that 401(k) plans do not disproportionately benefit high-income earners over lower-wage employees.

By implementing a safe harbor plan design, employers can opt to match contributions or make non-elective contributions to all eligible employees, thus fulfilling the non-discrimination tests automatically. This means that the plan can avoid complex testing that could otherwise risk disqualifying the plan or necessitating corrective actions.

This provision essentially provides a way for employers to ensure that both highly compensated employees and rank-and-file employees are supported in their retirement savings, thereby promoting fairness and helping to maintain the plan's qualified status.