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merger of off calendar year safe harbor into calendar year safe harbor and transition period


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Posted

My question involves the merger during the 410(b)(6) transition period of 2 401k safe harbor plans with the same safe harbor match but Plan A has a plan year ending 9/30 and Plan B is a 12/31 calendar year end plan. The goal is to consolidate into Plan B by 1/1/2023 since the coverage transition period ends 12/31/22. What is the best way to accomplish this? Options I see are 1. freeze plan A 9/30 and adopt Plan B on 10/1 (transition period ends but does it matter?) so participants will be in Plan B with mirror safe harbor match, and then 12/31/22 merger Plan B into Plan A, or 2. change the plan year of Plan B to a short plan year from 10/1-12/31 and maintain safe harbor status, and then since both Plan A and Plan B will be calendar year plans they can merge on 12/31/2022. This option creates 2 5500's as well,  a plan amendment and also the need for new safe harbor notices for the 10/1 short plan year, so it appears more burdensome. I do not think create a short plan year violates the transition period rule? I appreciate any comments, thoughts, help since I have not really had this issue post-transaction. Thank you!

Posted

I think the first choice is easier. Just make sure Plan B provides service credit and has an appropriate entry date (all as needed) You'll then provide the Plan B SH notices to the Plan A participants to enroll.

When you merge the Plan A into Plan B, you're still creating a short plan year and 5500 filing for Plan A.

 

 

William C. Presson, ERPA, QPA, QKA
bill.presson@gmail.com
C 205.994.4070

 

Posted

What if I merge Plan A into Plan B on 9/30 which coincides with the end of its plan year? Are there any issues? Both are safe harbor with the same basic match formula. THanks!

Posted

What if I merge Plan A into Plan B on 9/30 which coincides with the end of its plan year? Are there any issues? Both are safe harbor with the same basic match formula. THanks!

Posted

The transition period will end on 9/30 for both plans, but not sure that is a concern - any thoughts on the 3rd option?

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