PS Posted January 27, 2022 Posted January 27, 2022 Good Morning! Need clarity on handling distribution for a successor plan. There was a stock acquisition and seller plan did not terminate a day prior to the sale date since the termination date and the sale date happened to be the same date this lead to a successor plan situation. The terminating plan has about 26 participants with balance out of which 3 are terminated part and 2 retired the rest are Active participants. There are 2 participants who have active loan as well ( Active part), the acquiring company counsel has advised the 5 participants funds can be distribution however the rest of the 21 part should be transferred to the successor plan ( acquiring company 401k plan). I have couple of questions. Since this is a successor plan situation will this be a Transfer or Rollover ? How will the tax record be handled? Again should we simply be transferring the loan to the successor plan or will it be a rollover to the successor? I believe a final 5500 will be required correct? Thanks
CuseFan Posted January 27, 2022 Posted January 27, 2022 IMHO: 1. Transfer (trustee to trustee) - it's only a RO if person has ability to receive, which is not the case. 2. N/A for transfer of this sort, reported on 5500s. 3. Yes, transfer. 4. Yes, and remember it is due by end of 7th month following the month assets went to zero. R Griffith 1 Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
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