The requirements of employee benefits plans can easily be overlooked or altogether disregarded during a merger or acquisition (M&A) transaction, to the peril of an unsuspecting buyer or seller. This could result in the parties’ failure to comply with a bevy of laws and regulations governing employee benefit plans. These exposures can be incredibly costly, time consuming to investigate and correct, and may even make a transaction regrettable.
In this webinar, we will discuss the high level components of benefits compliance issues that may arise during an M&A, including:
- Why does it matter if the M&A transaction is a stock or an asset transaction?
- How do the terms of the Purchase Agreement effect the transition of benefits to the buyer?
- What are the pros and cons of merging benefits plans?
- What steps are necessary to avoid forming a MEWA?
- What are the advantages and disadvantages of terminating a seller’s Health FSA?
- What are the approaches to continuing a seller’s Health FSA?
- Who is responsible for sending COBRA Election Notices to the seller’s employees?
- Who will be responsible for the benefit plan reporting for Form 5500s, Form M-1s, ACA Employer Information Reporting, and other post-transaction closing?
Nicole Fender (S)
Jason Sheffield (S)
Marie Smith (M)
August 28, 2024 1:00 PM in Eastern Time (US and Canada)