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View More ABD Insurance & Financial Services Webcasts and Conferences

Mergers and Acquisitions: H&W Employee Benefit Plans

ABD Insurance & Financial Services

May 18, 2021
1:00 - 1:45 pm ET

Employee benefits issues are a key consideration in any M&A transaction.

Plan structure issues, avoiding MEWA problems, the ACA employer mandate and reporting requirements, COBRA M&A qualified beneficiaries, and health FSA transitions are the types of employee benefit plan concerns that should be at the forefront to avoid being caught off guard as the deal closes.

This session of ABD Office Hours covers the key mergers and acquisitions issues related to employer-sponsored health and welfare plans for employers to consider in the transaction.

Topics for Discussion

  • Plan Design: Keep plans separate, combine now, or combine later?
  • After Close: Avoiding thorny MEWA issues, addressing the wrap plan doc and wrap SPD, and final Form 5500
  • ACA Employer Mandate: Acquiring a non-ALE and the “A Penalty” rules for multiple EINs
  • Look-Back Measurement Method: Complex rules for determining full-time status after deal closes
  • ACA Reporting: Reporting multiple entities on the Forms 1094-C and 1095-C
  • COBRA M&A Rules: Understanding M&A qualified beneficiaries, difference between stock and asset deals
  • Health FSA: Advantages/disadvantages of terminating seller’s FSA or continuing elections/balances with buyer
  • Keeping EB on the radar in the M&A process typically dominated by broader corporate transaction concerns

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