Company A and Company B have had some common ownership, but were not a controlled group. They operate two separate 401(k) plans with different eligibility, matching formulas, and other provisions. Effective January 1, 2002, A and B became a controlled group. Under my reading of the 410(b)(6)© transition period rules, and Ferenczy's excellent book on mergers and acquisitions, these two plans can continue to operate separately until the plan year beginning January 1, 2004, when they will be merged into a single plan.

Is my analysis correct? Thank you.

They don't necessarily have to be merged into one plan if you can pass all the coverage and discrimination tests.

Thanks for your reply, but coverage and discrimination cannot be passed separately. Is my analysis otherwise correct?