Note that Buyer's adoption of the plan does not automatically cause Seller to cease being an adopting employer.
Perhaps both need competent ERISA counsel.
Hmmm. Seems logical to me, but other readers will have more experience.
But.....for purposes of the TH test, does it matter? Is the plan TH either way?
It appears not. Technical corrections bill has nothing to do with funding issues.
Summary of the bill is here: http://hr.cch.com/news/pension/010808a.asp
You can read the actual text at http://thomas.loc.gov
For easy reference, you can read Rev. Ruling 77-2 here: http://www.taxlinks.com/
This is the proposed regulation in the 12/31/07 Federal Register:
http://a257.g.akamaitech.net/7/257/2422/01...df/E7-25125.pdf
See page 74218.
Andy raises a good point in his second paragraph. Perhaps he will submit that comment to the IRS (after all, it is a proposed reg).
From Notice 87-16:
This may, or may not, apply to your fact situation.
This may be contributions required due to underfunding, experience losses, etc. If so, that does not alter a plan's frozen status.
Don't know about specific references to hardship, but this link will take you to IRS regulations:
http://ecfr.gpoaccess.gov/cgi/t/text/text-...26/26tab_02.tpl
Be careful. That is the correct cite, but it may not apply to this case. ERISA Sec. 4021(b) points out the plans that are exempt from Title IV; note especially paragraph (13). If this plan is exempt, then the cited regulation does not apply, and the plan should look to its own terms for guidance.