Until 1999, X maintained defined benefit plan M that permitted voluntary employee contributions. In 2001, X is taken over by Y. Effective January 1, 2004, Y wants to merge plan M into its defined benefit plan N, but not include the voluntary contribution portion of plan M. Can the voluntary contribution portion be spun off to a separate plan in connection with the plan merger? Can the voluntary contribution portion be spun off to Y's defined contribution plan O prior to the merger? What are the regulatory filing, notice requirements of such a spinoff? Are there any requirements that need to be taken into account if the voluntary contribution portion is spun off into Plan O (other than separately accounting for such portion)? Any thoughts, ideas, suggestions, would be greatly appreciated.

What happened to the voluntary contributions while in the DB plan? Tracked with individual accounts? Credited with interest? If so, how was that determined?

BTW, how long did this feature exist? What was the pattern of usage? HCE’s only?