The formulas
- Match = 100% of deferrals up to 3% of pay + 50% of deferrals from 3% to 5% of pay
- Maximum basic match = 4% of pay
- Nonelective = 3% of pay for every eligible non-HCE, whether or not they defer
How it works
A 401(k) plan can skip the ADP test by meeting a safe harbor under section 401(k)(12). One route is the basic match: 100 percent of the first 3 percent of pay deferred plus 50 percent of the next 2 percent. The other is a contribution of at least 3 percent of pay to every eligible non-highly-compensated employee.
The match costs less when many employees defer little. The nonelective costs a flat 3 percent but needs no one to defer. Pay above $360,000 is ignored. Safe harbor contributions must satisfy the vesting and withdrawal restrictions in the statute, and the match design carries an annual written notice requirement under section 401(k)(12)(D) that the nonelective design no longer has. Enter the same pay and rate for a group to see the group total.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Can HCEs get a richer match?
No. The match rate for an HCE at any deferral rate cannot be higher than the rate for a non-HCE.
Can the plan adopt the nonelective mid-year?
Section 401(k)(12)(F) allows a plan to adopt the nonelective design by amendment after the plan year begins, only if the plan did not provide matching contributions for that year. After the 30th day before year end the contribution must be at least 4 percent of pay.
Is there a notice requirement?
Yes. Section 401(k)(12)(D) requires a written notice of rights and obligations a reasonable period before the year for the match design. The SECURE Act removed that notice for the 3 percent nonelective design.
Sources
- 26 U.S.C. 401 Qualified pension, profit-sharing, and stock bonus plans (subsection (k)(12)), Cornell LII
- IRS Notice 2025-67, 2026 Amounts Relating to Retirement Plans and IRAs
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