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ARTICLE · 18 DECEMBER 2020

Reductions In Force And Partial Plan Terminations: Another Potential 2020 ‘Gotcha'

Ogletree, Deakins, Nash, Smoak & Stewart
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Employers in all industries have faced unprecedented business challenges during 2020, and responding to those challenges has often entailed adjustments to the size and composition...

United StatesEmployment and HR

Employers in all industries have faced unprecedented business challenges during 2020, and responding to those challenges has often entailed adjustments to the size and composition of workforces through targeted or broader-based reductions in force. As we finally face the end of this seemingly interminable year, it is important to consider some of the less-obvious consequences of reductions in force on tax-qualified retirement plans. In particular, a frequent "gotcha" for employers that have made significant workforce reductions during a year (or, in some cases, over a period of years) is the so-called "partial plan termination." Failing to spot a partial plan termination can lead to costly and time-consuming plan repair work, but if an employer is alert to the circumstances in which one can occur, the potential pain of a partial plan termination can be readily avoided.

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