Former Participants Rehired

[DP]

I have a client who merged his MPP plan into a new PS 401k Plan as of 11/1/02. The PS 401k plan was effective 11/1/02.

In early 2003, the company rehired three former participants from the MPP plan. All three were rehired within five years of their termination dates.

Since the PS 401k is a new plan, can these former MPP participants automatically enter the PS 401k plan on their rehire date? Or will they have to meet the PS 401k plan's eligibility since they were never participants in this plan?

Thanks for any guidance.

[E as in ERISA]

The 401(k) is also a continuation of the MPP, based on the merger.