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Freezing a SIMPLE 401(k)

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Through an acquisition, an otherwise ineligible employer adopted a company's SIMPLE 401(k) plan. Can the new sponsor freeze the SIMPLE 401(k) and continue to maintain that frozen plan beyond the time period permitted under Section 410(b)(6)©? The participants in the SIMPLE 401(k) will become participants in the employer's long standing "regular" 401(k) plan prior to the expiration of the transition period.

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