Plan Continuation

[Guest lifeweb]

If a corporation sponsors a plan and the corporation ceases to exist, can the remaining non incorporated entity continue to sponsor the plan?

In my situation, there are two retirees, both of whom are deceased, and the plan has been making the minimum required distributions. The retirees both elected distributions without recalculation. Can the plan continue to be maintained following the elected distribution schedule, even though the sponsor is changing? Alternatively, can the beneficiaries roll the funds over into an IRA and extend the distribution schedule? Thanks for any feedback.

[Guest jgferrei]

IRS has frequently, if informally, taken the position that a qualified plan must be sponsored by a corporation, trade or business. If the corporation ceases to exist, but a successor unincorporated entity continues to exist as a trade or business, it can assume sponsorship of the plan, in which case the distributions can continue as before. If, however, no such trade or business exists, the plan would have to be terminated as soon as possible, with distribution out to an IRA (subject to the RMD rules).