- 4 - its inception through its termination, at which time his accrued benefit was fully vested.3 Section 9.05 of the Plan, captioned “Nonreversion”, prohibited the Plan funds from being used for any purpose other than for the exclusive benefit of the participants or their beneficiaries, except that Upon termination of the Plan, any assets remaining in the Trust Fund because of an erroneous actuarial computation after the satisfaction of all fixed and contingent liabilities under the Plan shall revert to the Employer. Under the heading of “Nonassignability”, section 16.03(A) stated: None of the benefits, payments, proceeds or claims of any Participant shall be subject to any claim of any creditor of any Participant and, in particular, the same shall not be subject to attachment or garnishment or other legal process by any creditor of any Participant, nor shall any Participant have any right to alienate, anticipate, commute, pledge, encumber or assign any of the benefits or payments or proceeds which he may expect to receive under this Plan (except as provided in this Plan for loans from the Trust). [Emphasis added.] On May 20, 1985, petitioner, his sons (who were also employees of GCI), petitioner’s C.P.A. Henry Zdonek (Mr. Zdonek), and a vice president of Actuarial Consultants, Inc., Scott Salisbury (Mr. Salisbury), met to review the yearend 1984 3 At the Plan’s termination, the present value of petitioner’s accrued benefit was $1,057,830, and the Plan’s total available assets at that time were $1,498,682. The present value of the accrued benefits of all other plan participants was at that time $312,469. The parties agree that, if petitioner failed to report his distribution from the Plan, the amount should be $1,057,830 rather than $1,082,000, the amount stated in the notices of deficiency.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