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Remember what we know about this law firm — the partners want to defer the maximum and are not opposed to making contributions to their employees; plus, vesting is not an issue for them. Therefore, the Safe Harbor may be a good fit for this law firm.

Lastly, consider the potential benefit to the law firm by suggesting adding a Profit Sharing component to a Safe Harbor (Matching) 401(k) Plan design. Because the partners of this law firm want to maximize their contributions, adding the Profit Sharing component would increase how much more each employee would have in annual contributions. Notice on the illustration for the stand alone Safe Harbor 401(k) (Matching) plan that the lawyers can only defer $29,500. Then, look at the illustration for the Safe Harbor (Matching) with Integrated Profit Sharing Plan. Adding the Profit Sharing component now allows both lawyers to contribute $45,000, plus the additional $5,000 catch-up contribution for being over age 50, bringing their annual contributions to $50,000.

This plan design should meet their stated needs of "maxing out contributions" to the fullest extent the law allows. Keep in mind that these maximum contribution limits were set by the IRS for the year 2007 and may be indexed periodically.

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