A client wants to offer prior service credit for acquisitions of key people and staff from other entities. It has done so in the past for those who came over through mergers etc. but now it wants to grant it to selected employees who will have no ownership interest in the new entity. They won't be HCEs (obviously) in the first year but more than half of the people who recieve the credit will be HCEs going forward. Does anyone see problems with this provided that there are staff members coming in with them (and they recieve the same credit)?

Good question. My gut reaction is that the group given the past service credit would need to pass 401(a)(4)-5 based on future potential HCE status with the current employer or past HCE status with the prior company. The IRS requested comments on some merger and acquisition issues earlier in the year, and I think this would be a good one to include.