My client is purchasing the stock of a company that is owned by a conglomerate. Under the purchase agreement, my client agrees to provide the employees with equivalent retirement benefits for the next year. My client is not assuming the plans that currently cover these employees. If it sets up a new plan that will cover just the employees in the acquired company, can the new plan rely on the 1 year transition rule of Code section 410(B)(6)©? It does not appear so, because the regulations under that section seem to require that the "plan" which is relying on the transitional rule be in existance before the transaction, which it is not. If anyone knows of guidance on this issue, please let me know, or has reached a different conclusion, please let me know.

I agree with your conclusion.