Mergers & Acquisitions: Pension & Benefits Issues

Experience

Examples of our work include:

• Advising a multi-national mining client over the course of a multi-billion dollar amalgamation, including establishment of a unified pension committee including governance procedures and documentation, as well as the termination and wind-up of several pension and benefit plans and a post closing pension asset transfer in respect of certain transferred employees
• Advising a forestry client with respect to all aspects of $400 million amalgamation, including the harmonization and merger of several pension plans into consolidated DB and DC plan texts, negotiation and establishment of a master trust funding arrangement, terminating prior executive supplemental arrangement and establishing a new RCA SERP funded by letter of credit
• Advising a mining client through a plan of arrangement resulting in the assumption and transfer of sponsorship of over a dozen pension and benefit plans, implementation of post closing pension asset transfers pursuant to plan of arrangement, establishment of a pension committee, creation of unified governance procedures and documentation, the merger and termination of several pension plans and establishment of a multi-unit master trust investment structure
• Advising a crown corporation through the division of assets to a newly created crown corporation resulting in a multi-million dollar transfer of pension assets and the negotiation of asset and employee transfer agreements, implementation of post closing and ongoing pension asset transfers
• Advising private equity funds on the acquisition and divestiture of several manufacturing businesses including assumption of various pension and benefits plans and the establishment of other pension and benefit plans
• Advising transportation industry client on the sale of business to private equity fund including the transfer of pension and benefit plans and post retirement benefit obligations
• Advising financial institution on post closing integration of DC members into pre-existing DB plan

Team