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Posted

I have a client who has a 401(k) in a PEP plan.  They want to leave the PEP and transfer their existing employee balances to their new 401(k).  Can they do this without triggering a distributable event?  In short...they just want to escape the PEP and have their own standalone plan without allowing their employees to withdraw their existing funds.  I was assuming they can...but wanted some thoughts on this.  Thanks!

Posted

yes, sounds like standard successor plan issue, (which means no distributable event). I suggest contacting the PEP to get a copy of the plan document. There should be a section in there about termination of participation in the PEP by a employer and I would bet it mentions spin-off to a stand alone plan and possibly even use the term successor plan. The ones I've seen from PEPs seem to be fine in those regards. 

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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