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Merger of two 401(k) plans; any special provisions for corporate resolution ?


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Guest tintree73
Posted

Are there any special provisions that must be included in a corporate resolution for a plan merger (assets of one 401(k) plan merging into another) re the resolutions for the surviving plan? I imagine it would have to say that the assets of one plan will be merged in to the assets of the surviving plan, that the surviving plan agrees to accept those assets and that the merged out plan will cease any benefits accured after the merger date. I think a direction to the plan administration to take "necessary action" to effectuate the amendment would be a good idea as well-Anything else?

Posted

All of those things, and more. Important to have this done in advance.

Also important to put this is context with a larger picture. For example, is there a corporate acquisition that is creating the situation? If so, the first thing to decide is whether the acquired plan will be terminated prior to the corporate acquisition.

The Mergers and Acquisitions section of these message boards might also provide some information for review.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Guest tintree73
Posted

Thank you!

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