Partial Plan Termination - OEX

[sdix401k]

Hello,

I know this is generally facts and circumstances and the 20% number is based on all active participants as of the beginning of the year plus eligible during the plan year.

Can we exclude otherwise excludable from that calculation?

I also understand that based on recent comments that not only those participants that terminated in-voluntary but all participants that terminated during a year that is determined to have a partial plan termination are to be given all benefits.

Thanks

[ESOP Guy]

I have never heard or seen someone take out the otherwise excludeables in a partial termination calc.

It is my understanding that the IRS seems to be saying you have to include all terms and not just involuntary terms.

An idea I would add that makes no sense in retail firms and staffing firms. They can have over 100% turn over in a year that is just normal. I guess you just make the facts and circumstances case that it is the industry for those clients.

[sdix401k]

Thank you. It is definitely only involuntary terminations to determine partial plan terminations. I keep seeing references to all participants so I guess there is no exclusion of otherwise excludable.