Santo Gold Posted October 10, 2023 Posted October 10, 2023 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
justanotheradmin Posted October 10, 2023 Posted October 10, 2023 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. Luke Bailey 1 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?
Peter Gulia Posted October 10, 2023 Posted October 10, 2023 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 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
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