youngbenefitslawyer Posted December 5, 2023 Posted December 5, 2023 Company A and Company B are a part of the same controlled group. Company A has a 401(k) Plan and Company B has a 401(k) Plan. C is employed by Company A and participates in Company A and Company B's 401(k) Plan. Company B leaves the controlled group, but C remains employed by Company A and has a balance in Company B's 401(k) Plan. Can C receive a distribution from Company B's 401(k) Plan after Company B leaves the controlled group? Is the departure of Company B from the controlled group considered a distribution event?
EBECatty Posted December 5, 2023 Posted December 5, 2023 Off the top of my head, I would think so. C presumably was employed by Company B at some point (giving C a balance in the Company B 401(k) plan) and terminated from employment with Company B and transferred to Company A. C had a separation from service with Company B, but not from the "Employer" that included Company B and Company A. When Company B is no longer in a controlled group with Company A, C has had a separation from service from Company B and all members of its new controlled group, which should be a distributable event. I think this would hold true even if Company B continued to sponsor its plan after closing because C is still separated from service with Company B (whereas this fact pattern would not give ongoing Company B employees a distributable event from the Company B plan). CuseFan and Luke Bailey 2
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now