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401k plan sponsor (Company A) wants to know if it can merge its plan into the plan of another employer (Company B). There's been no transaction between the 2 companies; they're separate ongoing entities. Company A's employees were terminated, and then were hired by Company B. The language in the Company A's plan document doesn't specify that a merger may take place only as a result of an acquisition. If we are allowed to merge, do the former employees need to be offered an opportunity to take distributions?
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