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Protected Benefit Issue with Right To Do Direct Rollover of Loan Note


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Plan A is merging in to Plan B. Plan A allows for the direct rollover of loan notes to qualified plans that agree to accept them. Plan B does not. Would this right to directly roll over a loan note be a 411(d)(6) protected benefit? The regulations provide that a plan may be amended to eliminate or change a provision for loans, but does that exception extend to this type of provision that might also be characterized as an in-kind distribution provision? Has anyone dealt with this before? Any thoughts would be appreciated.

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