Panda Posted September 14, 2023 Posted September 14, 2023 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!
Effen Posted September 14, 2023 Posted September 14, 2023 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. Luke Bailey and Lou S. 2 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.
truphao Posted September 14, 2023 Posted September 14, 2023 concur with Effen. Hopefully the amendment and 204(h) notices were handled properly and timely.
Effen Posted September 14, 2023 Posted September 14, 2023 I don't think a 204(h) notice would be required. They all terminated employment, so no plan change to report. acm_acm, Luke Bailey and Lou S. 3 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.
truphao Posted September 14, 2023 Posted September 14, 2023 true, my bad - feeling the impact of approaching 9/15 i guess....
Panda Posted September 14, 2023 Author Posted September 14, 2023 Thank you so much for all the responses.
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