Successor 401(k) Plan

[mschwechter]

I have an existing 401(k) Plan that terminated in 2003. Last Distirbution occured in January 2004. We are putting in a new 401(k) Plan for 2005. Can I start the Plan in January 2005, or do I have to use a Feburary 2005 effective date so I don't run afoul of the 12 month rule?

In other words, does the 12 months exclusion rule run from the date of the Plan Termination, or the date of the last distribution from that terminated Plan?

[WDIK]

The new plan will be a successor plan if it exists within the twelve month period following the distribution of the old plan's assets.