Acquired company with a Simple 401(k)

[AndyH]

Company with a 401(k) plan and a few hundred employees acquires a small company that maintains a Simple 401(k).

Is it true that the Simple 401(k) may not be maintained because the employer has more than 100 employees, and if so when must the Simple 401(k) arrangement be disbanded? (Is this the same timing as the qualified plan rules?)

[Belgarath]

Yes, I think so. There's a 2-year grace period under 1.401(k)-(4)(b)(2), but the 410(b)(6)© requirements, to the extent that they are more restrictive, would override.

I didn't know anyone in the world actually had a SIMPLE 401(k)...

[AndyH]

Thanks for the help.

Neither did I until yesterday.