Plan Merger - Never fully carried out

[msmith]

2012 Takeover problem. Plan A amended their Adoption Agreement to have Plan B merge into Plan A in 2009. The Adoption Agreement is executed. However, the Employer also signed as the Plan Trustee - the actual Trustee was Fidelity. Nothing else was done to effecutate the merger. Plan A's 2009 and 2010 5500, Schedule H does not recognize the merger of assets, nor does the 2009 or 2010 Audited Financial Statements. Plan B has not filed a 5500 since 2008.

I think this is an invalid merger - as if it did not occur.

Any thoughts or comments would be appreciated.

[david rigby]

Plan A amended their Adoption Agreement to have Plan B merge into Plan A in 2009.

Doesn't plan B have to do something also?

[msmith]

Yes, I believe that both Plans should have executed merger/transfer documents. Plan B is having difficulty obtaining any documents.