PMC Posted March 4, 2011 Posted March 4, 2011 Company A has a non-safe harbor 401(k). Company B has a safe harbor (3% nonelective) 401(k). Company A purchased Company B (still remain as separate entity) and want to merge CO. B's Plan into Company A mid plan year (calendar year for both). Can CO. B's plan even merge into CO.A's? Understand that CO. B can cease the SHNEC only if they prove substantial business hardship or terminate their Plan due to a 410(b)(6)© transaction (and fund the SHNEC up until that time and test). Proving substantial business hardship doesn't appear to be a possibility so that leaves termination. If CO. B terminates their Plan are they REQUIRED to offer participants distributions, or can the Plan fiduciary decide the CO. B Plan assets will be transferred to CO. A Plan? And if distributions are required then I assume there is no problem in CO. B participating in CO.A Plan within 12 months of distribution because of the Corporate transaction?
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