Automatic enrollment allows an employer to automatically deduct elective deferrals from an employee¡¯s wages unless the employee makes an election not to contribute or to contribute a different amount. Any plan that allows elective salary deferrals (such as a 401(k) or SIMPLE IRA plan) can have this feature.
If you¡¯re an employee, your employer must give you the option, before any deferrals are withheld from your wages, to have none withheld or to have a different amount withheld. You may also have the option to withdraw your money within 90 days of the date that the first automatic contribution was made, depending on your employer¡¯s plan.
Types of automatic enrollment
(1) Basic automatic enrollment (automatic contribution arrangement or ACA):
- Employees are automatically enrolled in the plan unless they elect otherwise
- Plan document specifies the percentage of wages that will be automatically deducted
- Employees can elect not to contribute or to contribute a different percentage of pay
(2) Eligible automatic contribution arrangement (EACA):
- Uniformly applies the plan¡¯s default deferral percentage to all employees after giving them the required notice
- May allow employees to withdraw automatic contributions, including earnings, within 90 days of the date of the first automatic contribution
(3) Qualified automatic contribution arrangement (QACA):
- Uniformly applies the plan¡¯s default deferral percentage to all employees after giving them the required notice
- Meets additional ¡°safe harbor¡± provisions that exempt the plan from annual actual deferral percentage and actual contribution percentage nondiscrimination testing requirements
- Default deferral percentage starts at 3% and gradually increases to 6% with each year that an employee participates. The default percentage cannot exceed 10%.
- Required employer contributions. Pick either:
- matching contribution: 100% match for elective deferrals that do not exceed 1% of compensation, plus 50% match for elective deferrals between 1% and 6% of compensation; or
- nonelective contribution: 3% of compensation for all participants, including those who choose not to make any elective deferrals.
- Employees must be 100% vested in the employer¡¯s matching or nonelective contributions after no more than 2 years of service
- Plan may not distribute any of the required employer contributions due to an employee¡¯s financial hardship
Default investments if employee does not make an election
Employers must choose an investment for employees¡¯ automatically deducted salary deferral contributions. You can limit your liability for plan investment losses by choosing default investments for deferrals that meet certain criteria for transferability and safety, such as a
Related
- Automatic enrollment fact sheet PDF
- Revenue Ruling 2009-30 (automatic contribution increases for 401(k) plans)
- Notice 2009-65 (sample automatic enrollment plan language for 401(k) plans)
- Notice 2009-66 (adding automatic enrollment to SIMPLE IRA plans)
- Notice 2009-67 (sample automatic enrollment plan language for SIMPLE IRA plans)
- TD 9447 (final regulations on automatic contribution arrangements)
- Publication 560, Retirement Plans for Small Business (SEP, SIMPLE, and Qualified Plans)
- Retirement plans FAQs regarding automatic contribution arrangements (automatic enrollment arrangements)
- 401(k) automatic contribution arrangements - General annual participant notice