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Posted

Two calendar year plans with unrelated employers, Company A and Company B with corresponding 401(k) plans, Plan A and Plan B.

 

Plan A will be top-heavy for 2018. Plan B will not be top-heavy in 2018.

 

Suppose Company A sells its stock to Company B on January 1, 2018. All participants in Plan A are merged into Plan B on January 1, 2018.

 

Thus, Plan A no longer exists on its after January 1, 2018.

 

Will Plan B have to re-determine its TH status for 2018 by including the 12/31/2017 data from Plan A? Do the Plan A participants get any top-heavy minimums for 2018? Or how is this handled?

Posted

Look up the definition of a Required Aggregation Group.  I think you will need to have plan B re-determine its TH status for 2018.

Posted

Agree with Mike. Once the plans merge, they are one and the surviving plan inherits all of the attributes of each constituent.

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

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