Purplemandinga Posted February 9, 2021 Posted February 9, 2021 Is it optional for a Multiemployer plan to change into a Multiple Employer Plan arrangement as long as all the parties agree to such a thing occurring? Or is a plan locked into a Multi for life? Alternatively, if the CBA parties agree, could all the employers transfer assets to a MEP who is sponsored by a PEO and terminate the Multi?
Luke Bailey Posted February 11, 2021 Posted February 11, 2021 Purplemandinga, is this a multiemployer DC or DB? I have never encountered a DC multiemployer in practice. If a DB, then although I have not researched I would guess that moving to multiple employer structure, if it's even possible for a DB, would be considered a termination. Is the plan fully funded on a termination basis? Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
Effen Posted February 20, 2021 Posted February 20, 2021 They are apples and oranges. The collective bargaining agreement is what makes it a multi-employer plan. A multiple-employer plan (MEP) is a group of unrelated employers. The first question I would have is why would they want to change it? Yes, there are DC plans for multi-employers. They are normally PS plans where the bargaining contract defines the contribution. Very few have 401(k) options. The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
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