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Do we have a distributable event?

Santo Gold

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I'm not sure if this is the correct message board but here goes:

Company A buys Company B and each have their own 401k plan.  All Company B employees now participate in Company A;s 401k plan.  No new entrants or contributions to Company B's plan.  They will terminate company B's 401k plan, but have not done so yet.  

Can Company B employees, now working for Company A, take distributions from B's 401k Plan?  Have they had a distributable event?  

Thank you


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was it a stock (equity) acquisition or asset acquisition?

If a stock acquisition - you have a classic successor plan scenario, and no, there would be no distributable event. 

I'm a stranger on the internet. Nothing I write is tax or legal advice. 

I'd like a witty saying here, but I don't have any. When in doubt, what does the plan document say?

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Consider that a termination of plan B, a plan B participant’s severance from former employer B (if B is not part of the same employer as A), or a plan B participant’s age 59½ might not be the only distribution-allowing circumstances.

Plan B might provide a limited distribution:

to meet the participant’s hardship;

as a qualified birth or adoption distribution; or

under another early-out provision.

Further, plan B’s administrator might carefully administer claims to decide whether a claimant is entitled to what she claims. Incautiously paying an unentitled claim might, in some circumstances, result in a participant’s account not bearing her fair share of the to-be-terminated plan’s final-administration expenses.

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania



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