B. Geiger

Yes, my concern is whether New Company is technically the same employer as Old Company in spite of the change in ownership and EIN. He owned 50% of the previous company and all but one of his employees came with him from Old Company.

Can New Company start a 401k plan effective 1/1/24? New Company with new EIN - owned 100% by one of the partners of Old Company. Old Company - owned 50/50 with a partner. They split up and dissolved the company (12/1/23) and each started their own company. Employees went with them mostly. Old Company had a 401kPS and DB plan. Both plans are terminated (December 2023) but not fully paid out yet.

As non-employees with a benefit wouldn't they be required to take RMDs based on their ages of 78 & 79?