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1. Can you address items that need addressed when either of the plans merging is a safe harbor and the merger is not happening of the first day of ...
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I would believe so, but you should talk to the companies at issue (and maybe their lawyer) about how they are doing such a transaction.
was an early entrant), you have only HCEs in that part of the plan, and it will thus automatically fail testing.
not solve your problem. (BTW, when I refer in the speech and slides to the “Target Plan,” I don’t mean a target benefit plan; I mean the plan that was sponsored by the Target of the acquisition.)
consummated. Having said that, I’d have a notice about the plan ready to go so that the employees, who will already be freaked out by the company sale, are assuaged about concerns about the plan from the get ‐ go.
How does the company “ceasing to exist” happen? I would assume that those former employees have terminated employment. Force ‐ outs of over $5,000 are not permitted unless the plan is terminated, in which case there is an exception that permits auto rollovers.