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192-350-020  <<  192-350-030 >>   192-350-040

PDFWAC 192-350-030

Predecessor-successor transfers through intermediaries.

When operating assets are transferred from one employer to another by using an intermediary whose role is to arrange or assist the transfer process (RCW 50.04.320 and 50.29.062), the department will decide on a case-by-case basis whether a predecessor-successor relationship exists. The fact that an intermediary was used does not preclude the existence of a predecessor-successor relationship.
In determining if a predecessor-successor relationship exists, the department will consider the intent of the parties involved and the economic reality of the transactions, as opposed to the strict legal format of the multiple transfers.
[Statutory Authority: RCW 50.12.010, 50.12.040, and 50.29.064. WSR 07-23-131, ยง 192-350-030, filed 11/21/07, effective 1/1/08.]