Acquisition and Aggregation

[XTitan]

Company A has a NQDCP. Company B has a NQDCP. Company A announces intent to acquire Company B. Deal set to close February 2009. Goal is to freeze Company B plan (no new deferrals, but no payout upon change of control) and allow Company B participants to defer into Company A plan. Company B does not want to roll balances into Company A plan.

I can't figure out how Company B employees can get into the Company A plan until 2010 since upon closing plan aggregation rules would apply so no 30 day rule. The only possible suggestion is if participants make a timely election prior to 12/31/2008, then 2009 deferrals go into the company B plan until closing and then post-closing deferrals go into the Company A plan.