TMcfall Posted June 16, 2021 Posted June 16, 2021 I have a scenario where a one participant plan recently terminated their plan and is hoping to start a new 401k plan. Do the successor plan rules apply here and must the client wait 12 months before establishing the new 401k plan?
Carike Posted June 17, 2021 Posted June 17, 2021 Under what circumstances was the previous 401(k) Plan terminated? As a general rule, my understanding is that the successor plan rules apply to all companies sponsoring a 401(k) plan. I haven't seen anything that would except a single employer plan, but I could be wrong. Bill Presson 1
TMcfall Posted June 18, 2021 Author Posted June 18, 2021 The previous 401k was terminated after the client learned that they were a member of a controlled group that already had a 401k plan in place.
EBECatty Posted June 18, 2021 Posted June 18, 2021 Wouldn't the 401(k) plan sponsored by the other controlled group member be a successor plan to begin with, making the first plan termination problematic? Lou S. and John Feldt ERPA CPC QPA 2
Luke Bailey Posted June 19, 2021 Posted June 19, 2021 I think they apply all the more to a one-participant plan, because that is where there would be the most potential for abusing the plan as a temporary "piggy bank." Carike and acm_acm 2 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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