100% vesting if new source

[30Rock]

If a plan with a safe harbor match and 100% vesting and no other sources, merges into a plan with a discretionary non-elective and tiered non-safe harbor match which both have a 3 year cliff vesting schedule, can the 3 year cliff apply to participants in the safe harbor plan that merges? Or does their 100% vesting have to carry into the merged plan? I think that the new non-safe harbor sources do not have to be 100% vested. Any thoughts?

[Mike Preston]

I agree they don't *have* to be. But the document language controls and it may indicate otherwise.

[30Rock]

Document has not been drafted, just trying to consider all options.

[Mike Preston]

Then hopefully the document you choose will allow what you want.