Lucky Stores, Inc. and Subsidiaries - Page 10

                                       - 10 -                                         

          agreement.  However, no contributions were made by petitioner to            
          any of the CBA Plans during the relevant period that were not               
          required by any relevant collective bargaining agreement.                   
          Petitioner, for public financial reporting purposes, accounted              
          for its monthly contributions to the CBA Plans attributable to              
          hours and weeks worked between February 3 and September 30, 1986            
          in its financial statements for its fiscal year immediately                 
          succeeding its fiscal year ended February 2, 1986.                          
               The taxable year of a contributing employer need not be the            
          same as the plan year of a CBA defined benefit pension plan to              
          which such employer contributes.  Administrators of CBA Plans are           
          not required to know the taxable year adopted by contributing               
          employers.  Under the terms of the collective bargaining                    
          agreements, petitioner was not required to report to the plan               
          administrators the deduction amounts it claimed for                         
          contributions.                                                              
               At all times during the relevant periods, each of the CBA              
          Plans met the minimum funding requirement of section 412 and                
          ERISA section 302.  In preparing its funding standard account               
          under section 412 for each plan year, no CBA Plan actuary took              
          into account contributions made by the contributing employers for           
          hours worked by covered employees following such plan year.                 
          Under each of the CBA Plans for all relevant periods, the                   
          earning, crediting, and vesting of a participant's benefit by the           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011