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Posted
One of my plan sponsors had another company in their plan and they sold that company in June and it spun off into their own plan for 2019.  The plan is failing the 410b testing for ERPS due to those individuals.  Do I really have to include those people who were with the employer that was sold off?  Tell me there is a special rule that those employees don't count?
Posted

The special rules for coverage requirements when there are acquisitions or dispositions affecting the controlled group are in Section 410(b)(6)(C).  You'll also want to read 1.410(b)-2(f).

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