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Withdrawal Liability Following Corporate Merger


Guest Edward McElroy

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Guest Edward McElroy

Company A will merge with Company B. Company A maintains a multiemployer plan. It appears that merger would not tigger withdrawal liability because original employer still exists. I've reviewed ERISA Sections 4218 and 4069(B). Any thoughts? Thanks.

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  • 2 weeks later...
Guest friedbrain

For stock acquisitions or mergers, I believe the merger itself does not trigger a withdrawal liability issue. Any consolidation of facilities as a result of the merger which would affect contribution requirements/units, however, may be a partial or complete withdrawal which would may result in withdrawal liability.

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