A buys "No-plan" B in asset sale. A has 401(k) plan

[Florida1]

Short Version: A buys B in asset purchase. B has no plan. Can A amend to allow everyone employed on "x" date to enter plan, then revert back to requiring age 21 and 1 YOS?

Long Version: "A" has a 401(k) plan requiring age 21 and 1 YOS. Dual entry: 1/1 and 7/1.

A has 1 employee - Joe. Joe is very part time and would never be covered by plan.

April 2016, "A" buys "B" in an asset sale. B has no plan. A hires all of B's employees. Some are under 21.

A wants to allow Joe and all of the new B employees to enter the plan August 1st.

After that, age 21 and 1 YOS are to apply to all new hires.

If we simply amend to count service at B, Joe is still out. And, some B's are younger than 21, so they are still out.

Any problem with amending such that everyone employed on August 1st is in, regardless of age and YOS, then revert back to age 21 and 1 YOS?

[Mike Preston]

None whatsoever. Now let's see if others can conjure up a hypothetical that could be problematic.

[Florida1]

Thank you. Things change and I have not worked as a TPA for a while, so thought I had better check. TY

[david rigby]

Mike is correct, something similar occurs often in various types of acquisitions/purchase.

Is everyone an NHCE? Could the addition of these new eligibles make testing more difficult?

[Florida1]

Your instinct is correct. All new employees are NHCEs....