Permanence?

[Guest bobolink]

Seller spun off a business with union ees and buyer agreed to maintain "mirror" db plan until the expiration of the CBA. Within the year of the spin-off, the CBA is being negotiated. If the parties agree to terminate the plan is there qualification exposure that the plan lacked permanence? Can the new plan's short tenure be "tacked on" to the prior plan? Even if it can't, isn't the result of good faith bargaining a slam dunk business necessity rebutting the presumed lack of permanence?

[My 2 cents]

If the parties negotiated the termination of the plan, that would seem to be that. How could that create a qualification issue? If it was negotiated, it would have to be carried out.

That is not the same as saying that if the parties negotiated to impass and the sponsor then terminated the plan then timing could not become an issue.