Phlyers Posted January 15, 2018 Posted January 15, 2018 We have an employee leaving Co. A for Co. B. Both companies are in a controlled group, but Co. B and a few other Companies are covered by a Qualified Separate Line of Business. The employee wants to roll over his monies to Co. B's own plan. Is a rollover appropriate in this scenario where the QSLOB treats these companies as separate employers? Or are the companies still considered a controlled group for this purpose and a rollover is inappropriate? Or am I off on both possibilities?
Kevin C Posted January 16, 2018 Posted January 16, 2018 I'm not sure about the answer to your question, but do the plan documents of the respective plans allow a transfer of the participant's benefits between plans? Our volume submitter document allows this kind of transfer. If allowed, that might be a better solution than what you are asking about.
Phlyers Posted January 17, 2018 Author Posted January 17, 2018 You're right Kevin. His termination with Co. A and new employment with Co. B was not considered a severance from employment as it was within the controlled group. 414 treated the move as a transfer between companies. I had to look into the QSLOB rules, and found they only take employers out of a controlled group for testing purposes. The transfer of 1.411(d)-4 was appropriate as both Companies had 401k's and the transfer was in connection with a change in employment status. I just wanted a quick answer instead of navigating the ERISA outline books.
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