Benefit Plans in M&A: Transitioning Pension, Savings and Welfare Plans
Best Practices to Avoid Liability for Underfunding, Plan Defects and Unintended Benefits
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide perspectives and experiences to help counsel navigate through employee benefits issues in mergers and acquisitions that are often overlooked and can materially affect the value of a transaction. To avoid unexpected liability, benefits counsel must be familiar with the complicated rules that apply to the transition of benefits and be proficient in implementing them.
- Pension plan obligations
- Alternatives to include assumption, plan mergers, plan termination and plan freezes
- Underfunded pension plan liability to include a general discussion of joint and several/controlled group liability
- Withdrawal liability
- Retiree welfare benefit obligations
- Funding considerations to include unfunded/VEBA, exclusive benefit if funded
- Ability to terminate retiree welfare benefits
- Defined contribution plans
- Plan assumption versus rollover
- Participant loans
- SERPs and other nonqualified defined benefit and defined contribution plans
- International plans
The panel will review these and other challenging issues:
- What are the potential liabilities when transitioning employee benefit plans?
- What are best practices to avoid unanticipated liabilities?
- How will the benefit plan liabilities impact the transaction?
Michael R. Bergmann
Skadden Arps Slate Meagher & Flom
Mr. Bergmann counsels clients on employee benefits, ERISA and executive compensation matters. A significant portion of... | Read More
Mr. Bergmann counsels clients on employee benefits, ERISA and executive compensation matters. A significant portion of his practice is devoted to advising major public companies on employee benefit and executive compensation arrangements in the context of M&As as well as on an ongoing advisory basis. He also has extensive experience with the SEC rules governing executive compensation disclosure and the tax rules imposing limits on the deductibility of executive compensation.Close
Ian L. Levin
Schulte Roth & Zabel
Mr. Levin’s practice concentrates on executive compensation and employee benefits, with a focus on the employee... | Read More
Mr. Levin’s practice concentrates on executive compensation and employee benefits, with a focus on the employee benefit aspects of M&As and issues arising from the investment of pension plan assets. He represents both executives and companies with respect to the negotiation and drafting of executive employment agreements and advises as to the design and establishment of virtually all types of employee benefit arrangements. He also advises clients on fiduciary and plan asset requirements of ERISA.Close
Alessandra K. Murata
Ms. Murata’s practice focuses on advising public and private companies, boards, private equity clients, asset... | Read More
Ms. Murata’s practice focuses on advising public and private companies, boards, private equity clients, asset managers and members of management on executive compensation and benefits issues arising in the context of mergers, acquisitions, initial public offerings and other extraordinary corporate events, including private equity and leveraged buyout transactions.Close