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Addressing Benefit and Compensation Issues in an M&A Transaction

  
  
  

This blog post stresses the importance of addressing benefit and compensation issues before closing a merger or acquisition transaction:

"…the focus is on the liabilities - current and potential. Benefit and compensation programs can include, of course, retirement plans, welfare benefit plans, and non-qualiified deferred compensation plans. Some of the questions buyers will ask include:

  • Is the retirement plan "qualified" for purposes of receiving tax favored treatment under the Internal Revenue Code?
  • If the seller maintains a defined benefit plan, what is its funded status?
  • If the seller contributes to a multi-employer, collectively bargained retirement plan, is there a withdrawal liability?
  • Are there any welfare benefit liabilities, e..g, post-retirement medical benefits.

The due diligence process for both environmental and benefit and compensation issues can be quite involved, the results of which often dictate how the deal is structured: stock sale or asset sale."

If you are looking for more information on this subject, check out this blog post: Don't Let Benefits Issues Adversely Affect M&A ROI

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2012 IRS Pension Plan Limits

401(k) Deferral Limit - $17,000

Annual Additions Limit - $50,000

Maximum Compensation Limit - $250,000

Catch-Up Contribution Limit - $5,500

Highly Compensated Employee - $115,000

ESOP 5-Year Distribution Threshold - $1,015,000

ESOP Additional Year Threshold - $200,000

2012 Pension Plan Limits

1989 - 2012 Plan Limits