NOTE 4: PLAN TERMINATION
Although it has not expressed any intent to do so, HarborOne Mortgage has the right under the Plan to discontinue its contributions at any time and to terminate the Plan subject to the provisions of ERISA. In the event of Plan termination, participants will become 100 percent vested in their accounts.
As a result of a reduction in the Plan Sponsor’s workforce, the Company believes they have experienced a partial plan termination as defined by ERISA. Under ERISA, a partial plan termination may occur if a significant percentage of the Plan participants are terminated because of an action taken by the Plan Sponsor. If a partial plan termination occurs, full vesting in the employer’s contributions are required for the affected participants, but the remaining participants’ vesting continues to be determined according to the Plan provisions.
NOTE 5: TAX STATUS
On June 30, 2020, the Internal Revenue Service stated that the prototype adopted by the Plan, as then designed, was in compliance with the applicable requirements of the Internal Revenue Code (“IRC”). The Plan has not received a determination letter specific to the Plan itself; however, the Plan Administrator believes that the Plan is designed and is being operated in compliance with the applicable requirements of the IRC. Therefore, no provision for income taxes has been included in the Plan’s financial statements.
NOTE 6: RELATED PARTY TRANSACTIONS AND PARTY-IN-INTEREST TRANSACTIONS
During the year, the Plan paid administrative expenses of $20,576 to JHRPS, who served as the third-party administrator to the Plan and, therefore, these transactions qualify as party-in-interest transactions. During the year, the Plan also paid $26,000 to Gray, Gray & Gray, LLP, who provides audit services to the Plan, and $20,000 to MMA Securities, LLC who serve as the investment advisors to the Plan and therefore, these transactions also qualify as party-in-interest transactions.
Participants may allocate up to 25% of their account balance to the HarborOne Stock Fund. Participants are subject to restrictions on trading during blackout periods and other reporting requirements of the Securities and Exchange Commission. At December 31, 2023, the Plan held 59,478 shares of HarborOne Bancorp, Inc., common stock, with a fair value of $712,547 or $11.98 per share. For the year ended December 31, 2023, the Plan received dividend income of $13,353 from the HarborOne Stock Fund. At December 31, 2022, the Plan held 56,596 shares of HarborOne Bancorp, Inc., common stock, with a fair value of $786,685 or $13.90 per share. The HarborOne Stock Fund also held cash investments totaling $17,369 and $27,833 at December 31, 2023 and 2022, respectively. HarborOne Mortgage is a subsidiary of HarborOne Bank the primary subsidiary of HarborOne Bancorp, Inc. and, as such, transactions involving HarborOne Bancorp, Inc. common stock qualify as party-in-interest transactions. All of these transactions are exempt from the prohibited transaction rules.
NOTE 7: PLAN TRANSFER IN
During the year ended December 31, 2023, participants made eligible transfers from the HarborOne 401(k) Plan to the HarborOne Mortgage, LLC Retirement Plan(see Note 1).