The terminology on line 14 of 5300 (line 12 on 5307) has always left me pondering....

1. Are there any "non-design" based safe harbors? Aren't all safe harbors design based? What would be an example of such a non-design based safe harbor?

2. Isn't a safe harbor plan by definition "nondiscriminatory"? Why make the distinction of Design-based Safe and Design-based "nondiscrimination" Safe?

3. Other than the permitted disparity integrated formulas, what would be an example of a design-based "nondiscriminatory safe" harbor formula?

flosfur, I think that a non-design based safe harbor might be a DB plan using the Alternative Flat Benefit Safe Harbor which requires a test less complex than a general test. I don't get into submissions much, but it looks from the instructions that a plan that is restructured into component plans, each of which is a safe harbor would also fall within this category. On the DC side, an age-weighted PS plan might fit this mold.