Eligibility

[nancy]

If Bank A buys Bank B when must the employees of Bank B become participants in Bank A's 401(k) plan. The eligibility period is 3 months. Can you hold them out during the transition period under 410(b) or must you follow the eligibility terms in the document?

[Guest mjb]

Q: what do the merger docs provide regarding eligiblilty to participate after the merger. Merger docs that are properly prepared by counsel will provide for continuity of benefits by the employees of the acquired co in language such as "will immediately participate, or will participate under the same circumstances available under the plans in effect prior to the merger" to provide continuity of participation. Given that the acquiror's plan only has a three mo wait why not provide for immediate participation for the acquired employees?