Repeal of Same Desk Rule

[Guest DMK]

Has anyone given much thought to the "relief" from the same desk rule offered by EGTRRA's change in the 401(k) distribution event from a separation from service to a severance from employment? It seems that this change will help in asset sales where there is a change in employer, but not in stock sales. Rather, in cases where a subsidiary is being sold, one still has to rely on 401(k)(10) to make a distribution, which means that there remains a problem if the seller or buyer is a non-corporate entity such as an LLC or a partnership since 401(k)(10) is not available in those situations. In other stock sales where the entire company or group is being sold, Buyer has to deal with either continuing the Seller's 401(k) plan, merging it with Buyer's 401(k) Plan or possibly having the Seller terminate it before closing in order to allow distributions. Anyone with additional or contrary thoughts out there about the repeal of the same desk rule? Thanks.

[rocknrolls2]

My understanding is that 401(k)(10) was repealed for all but distributions on account of a termination of the plan. Thus, the severance from employment relief should also be available in the case of sales of the stock of a subsidiary.

[Guest DMK]

I'm confused. In a stock sale, there generally is no "severance from employment" (the employer remains the same). If 401(k)(10) is eliminated, then how is there a distributable event for the employees of a subsidiary being sold?