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Full Version: Can one use excess Defined Benefit assets to seed an ESOP ?
BenefitsLink Message Boards > Retirement Plans > Employee Stock Ownership Plans (ESOPs)
Sonia Kapoor
If the assets of a defined benefit plan exceed the liabilities, can one freeze the plan and take the excess as seed capital for an ESOP ?
RLL
The DB plan must be terminated in accordance with Title IV of ERISA in order to recapture the excess assets. IRC Section 4980(d)(2)(B) would apply to the transfer of 25% of the excess assets to the ESOP
pax
Correct. But be careful about the 25%. Notice the word "equal" in IRC 4980(d)(2)(B)(i). This is different from the "not less than 20%" in (d)(3)(A)(i).
Sonia Kapoor
Is it essential to "Terminate" the DB plan? Can't one just "freeze" it to start an ESOP?
RLL
The DB plan must be terminated. See ERISA Section 403© & (d) and IRC Section 401(a)(2).
Dawn Hafner
Can these excess assets from the DB plan be used in the ESOP for debt service?
RLL
Maybe
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