Jump to content

Recommended Posts

Posted

Facts: Clients company is acquired via stock sale, but TPA wasn't made aware until two months later. Therefore, there were no actions taken to terminate the plan.

Question: Since they can't really terminate the plan retroactively, what can be done at this point?

Posted

Does a stock sale mean the plan is terminated?  Is there anything in the sale agreement that requires the termination of the plan?

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

Posted

Do they want to terminate the plan?  I agree with David unless something in the sales agreement requires it they can keep the plan.  It was a stock sale so the company never went out of existence.  

Posted
8 hours ago, nerd-party-administrator said:

Facts: Clients company is acquired via stock sale, but TPA wasn't made aware until two months later. Therefore, there were no actions taken to terminate the plan.

Question: Since they can't really terminate the plan retroactively, what can be done at this point?

Not enough info.  Of course, we start with "what does the acquirer want to do?"  Since you say it was a stock sale, in fact the company was not "acquired", there was just a change in who owns the stock.  Therefore, the same issues that would always apply if your client called you today and said I want to terminate the plan apply.  Nothing special because it is still the same employer with no change. 

Lawrence C. Starr, FLMI, CLU, CEBS, CPC, ChFC, EA, ATA, QPFC
President
Qualified Plan Consultants, Inc.
46 Daggett Drive
West Springfield, MA 01089
413-736-2066
larrystarr@qpc-inc.com

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Terms of Use