Termination of 401(k) Plan

[chris]

Two separate issues:

1. Safe Harbor 401(k) to be terminated prior to year end.

Seems that if the facts/circ's meet the requirements of obtaining a funding waiver as if it were a MPPP, then safe harbor status remains intact.....????

2. Regular 401(k) to be terminated where e/er maintains a "successor plan".

Even though deferrals cannot be distributed to participants it appears that they can be transferred to the successor plan. I assume this can be handled in the termination amendment. I also assume that the successor plan will need to be amended to maintain the 401(k) distribution restrictions as to the transferred deferrals.....???

Any comments/feedback on either or both of the above greatly appreciated....

[chris]

As for the second prong/issue of 2. the E/er's PSP's section regarding plan-to-plan transfers provides for maintaining the 401(k) distribution restrictions.......