VEBA assets-no employees-multiple mergers

[curious]

Ok, so the company that originally set up the VEBA sold to another company several years later-2002, and amended the trust. In 2016, that company was acquired by another company. The VEBA has less than 100k all employer contributed, but there are no employee members and no way of finding out who was a member. Two questions, 1) can the new company transfer the assets to a charity without being subject to the tax benefit rule and 2) can the company amend the VEBA to include only the new company's medical plan and use the assets for current employee health coverage? 

[vebaguru]

I just discovered that you received no responses to your question from 2 years ago.  I hope you also contacted an ERISA attorney with your questions and got you answers.  In case you did not, here are preliminary answers:

1)  Probably yes (based upon a ruling from the early 2000s), and

2)  Maybe, but (you had better be able to defend your actions against other beneficiaries).

Let me know if this is a live issue.