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Posted

I need help regarding DB partial plan termination. Below is the situation.

Company A sold company B. All company B unvested employees who had accrued benefits. Do the employees get 100% vested?

2011 -Form 5500 showed 178 active participants.

2012 showed 0 active participants. 

Does this consider Partial plan termination? I thought it was, but my other co-worker told me it was not. I like to find out if is there any exemption that the plan was not considered partial plan termination. Am I missing something? 

Thanks in advance!

Posted

If all of the active employees terminated as a result of the sale, it is obviously a partial plan termination and every impacted participant would be 100% vested. 

The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.

Posted

I don't think a 204(h) notice would be required.  They all terminated employment, so no plan change to report.

The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.

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