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Employee Benefits Law Group

Employee Benefits Law Group

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ESOP

When an ESOP Company Is Sold, Who Pays the ESOP Loan?

It’s easiest to think of an ESOP loan as essentially a mortgage on the ESOP's shares held in its suspense account.  If the stock is sold, the ESOP trustee will pay off the debt and then the net proceeds from the payment of that debt will be the gain ...
[Read more] about When an ESOP Company Is Sold, Who Pays the ESOP Loan?

Health & Welfare

COBRA: Don’t Pick It Up As Part Of Your Next Deal

"Who has to pay for COBRA coverage?" is a question we often hear from transaction lawyers and their clients in a stock sale or an asset sale.  COBRA requires some employers to provide certain participants and their beneficiaries with group health ...
[Read more] about COBRA: Don’t Pick It Up As Part Of Your Next Deal

Mergers & Acquisitions

Employee Benefits Plans In Mergers And Acquisitions

When businesses are bought, sold, merged, or reorganized into or out of existence, qualified retirement plans must be dealt with. This article provides an overview of some of the most common decisions faced by both buyers and sellers, acquirers and ...
[Read more] about Employee Benefits Plans In Mergers And Acquisitions

ESOP

Who Votes the Shares Held in the ESOP?

The Code requires that company stock in the ESOP must have full voting rights. In this video, we discuss who votes the shares held in the ESOP.   ESOP Trustee Duties and Shareholder Rights Since the ESOP trustee is the corporate ...
[Read more] about Who Votes the Shares Held in the ESOP?

ESOP

What Classes of Stock Can an ESOP Own?

There are multiple classes of stock that an ESOP can own. In our video, we discuss the different classes of stock.   Classes of Stock The Internal Revenue Code defines employer securities for privately held companies as including ...
[Read more] about What Classes of Stock Can an ESOP Own?

Retirement Plans

Coverage Rules For 401(k)’s and Other Qualified Plans – Part 3. Average Benefit Test and the Minimum Participation Rule

This is the third in a series of articles designed to inform you of the significance of the so-called "coverage rules" and the "minimum participation rules" applicable to qualified retirement plans, (here are Part 1 and Part 2 if you missed them). In ...
[Read more] about Coverage Rules For 401(k)’s and Other Qualified Plans – Part 3. Average Benefit Test and the Minimum Participation Rule

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Confused by the terminology? Check our Glossary of Terms

Recent Retirement Plans Posts

Controlled Group or Affiliated Service Group? What That Means for Your 401(k) Plan Compliance

Form 5500: The Role of the Accountant and the Audit Report

SIMPLE 401(k) Versus a Safe Harbor 401(k): The Pros and Cons for Your Small Business

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