J&S carry over

[Guest Tiredoferisa]

Company A sponsors a p/s plan with no J&S language. Company B sponsors a non-union DB Plan with J&S language. Company C purchases Company B (stock deal) and terminates Company B's DB Plan. Before IRS provides Determination on Termination and prior to distribution of benefits from Company B's DB Plan, Company A purchases Company C. Some participants in the terminated Company B DB Plan want to roll their benefits into Company A's p/s plan (Company A's p/s plan does allow rollovers, even for non-participants such as a new hire). Does J&S language from Company B's DB Plan stay with those assets in Company A's Plan?

[JanetM]

Not if participants are rolling over from DB plan and they get the spousal waiver to take lump sum. If this is plan merger then the J&S still applys to the benefit.