Advisory Opinion 1975-101

Dear :

This is in reply to your letter dated April 2, 1975, requesting a determination as to the applicability of section 208 of the Employee Retirement Income Security Act of 1974 (ERISA) and sections 6058(b) and 401(a)(12) of the Internal Revenue Code to a corporate merger of [#1], Inc. and [#2], Inc. The [#2] pension plan (the only benefit plan involved) is not being merged into any other pension plan and all of its assets will remain in its pension trust.

Section 208 of the ERISA applies to the merger or consolidation of a pension plan only. It does not apply to the merger of the two corporations, [#1],Inc. and [#2],Inc. Since the pension plan of [#2],Inc. is not being merged into any other plan, section 208 would not apply.

Sections 6058(b) and 401(a)(12) of the Internal Revenue Code are under the jurisdiction of the Internal Revenue Service. In accordance with your request a copy of your letter is being referred to the Internal Revenue Service.