Rollovers - Top Heavy

[PMC]

Employer A maintained a 401(k) filed for bankruptcy and terminated the Plan and employees have been given the opportunity to take a distribution or roll over. "A" essentially reemerged as Employer B - different TIN, name, but providing the same product with the same employees and employer B is establishing their own 401(k).

Do you agree that B is a different Employer and no issue with successor plan rules?

And if B is a different Employer than A, any rollovers would be unrelated?

[SheilaD]

Are A and B in a controlled group? If so I would think you would treat it as a related rollover.

[PMC]

Are A and B in a controlled group? If so I would think you would treat it as a related rollover.

No, A no longer exists. B essentially reemerged as B after bankruptcy as a new company. I was just wondering if for any reason B could actually be considered the same employer as A for applying the successor plan and unrelated rollover rules.