Axios International, Inc. Employee Stock Ownership Plan

Left in 2013, 2014, 2018, 2020, 2023? Worth asking about employer money

• In plan year 2013, active participants fell from 276 to 219 (21%), and 75 people left before they were fully vested. When a plan loses about 20% or more of its participants in a year, the IRS presumes a partial plan termination (Revenue Ruling 2007-43). Everyone who left in that period must then be fully vested in the employer's contributions. Filing
• In plan year 2014, active participants fell from 219 to 158 (28%), and 61 people left before they were fully vested. When a plan loses about 20% or more of its participants in a year, the IRS presumes a partial plan termination (Revenue Ruling 2007-43). Everyone who left in that period must then be fully vested in the employer's contributions. Filing
• In plan year 2018, active participants fell from 204 to 162 (21%), and 74 people left before they were fully vested. When a plan loses about 20% or more of its participants in a year, the IRS presumes a partial plan termination (Revenue Ruling 2007-43). Everyone who left in that period must then be fully vested in the employer's contributions. Filing
• In plan year 2020, active participants fell from 200 to 138 (31%), and 77 people left before they were fully vested. When a plan loses about 20% or more of its participants in a year, the IRS presumes a partial plan termination (Revenue Ruling 2007-43). Everyone who left in that period must then be fully vested in the employer's contributions. A 2021 law (Consolidated Appropriations Act, section 209) can excuse a drop between March 2020 and March 2021 if the plan had rehired enough people by March 31, 2021. Filing
• In plan year 2023, 36 people (23% of active participants) left before they were fully vested. Turnover that high can count as a partial plan termination (Revenue Ruling 2007-43), which requires full vesting of employer money for those who left. The plan may argue it was routine turnover. Filing

This is a reason to ask the plan, not a finding. The plan decides, and it may show the drop was routine.

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