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Posted

If 2 plans are part of a control group, but on occasion an employee might be terminated from one plan and hired in another, is that a distributable event?

Can they roll their balance from one plan to the other? 

Posted

To nitpick the terminology a little: plans are not part of a controlled group. Employers can be members of a controlled group. I assume what you meant to say is that employers A and B are in a controlled group together, they each sponsor their own plan, and neither plan covers employees of other members of the controlled group.

Members of a controlled group are considered a single employer for most purposes. Therefore the employee who left company A and was hired at company B has not experienced a distributable event because they have not had a separation from employment. The fact that they are no longer eligible to participate in company A's plan does not make it a distributable event.

Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance.

Corey B. Zeller, MSEA, CPC, QPA, QKA
Preferred Pension Planning Corp.
corey@pppc.co

Posted
4 hours ago, C. B. Zeller said:

To nitpick the terminology a little: plans are not part of a controlled group. Employers can be members of a controlled group. I assume what you meant to say is that employers A and B are in a controlled group together, they each sponsor their own plan, and neither plan covers employees of other members of the controlled group.

Members of a controlled group are considered a single employer for most purposes. Therefore the employee who left company A and was hired at company B has not experienced a distributable event because they have not had a separation from employment. The fact that they are no longer eligible to participate in company A's plan does not make it a distributable event.

Agreed.  We would normally have it as a single plan, but this scenario is possible as well.

Lawrence C. Starr, FLMI, CLU, CEBS, CPC, ChFC, EA, ATA, QPFC
President
Qualified Plan Consultants, Inc.
46 Daggett Drive
West Springfield, MA 01089
413-736-2066
larrystarr@qpc-inc.com

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