Estate of James F. Hall, Jr., Deceased, Harriet Hall, Executrix, and Harriet Nixon Hall - Page 9

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               4.05  Disability:  A participant whose service with the                
               Employer ceases due to a total disability for a period                 
               of twelve (12) months or more, prior to his normal, or                 
               where applicable, late retirement date, shall receive                  
               the actuarial equivalent of his Accrued Benefit.  * * *                

          None of the indicia listed above appear in the Plan, and there is           
          no proof that there was any definite program to provide accident            
          or health coverage that would rise to the level of an accident or           
          health plan.                                                                
               The defined benefit plan at issue in Berman v. Commissioner,           
          supra, is remarkably similar to the Hadd-Too Plan.  In Berman,              
          the defined benefit plan provided for the payment of the present            
          value of a participant's accrued benefit if the participant                 
          became totally and permanently disabled for a 6-month period.               
          Id., at 937.  The summary description of the defined benefit plan           
          stated:  "The purpose of the Plan is to reward eligible employees           
          for long and loyal service to the Company by providing for their            
          financial security at retirement.  It may also provide some                 
          additional protection in the event of death, disability, or other           
          termination of employment."  Id. at 939.  The Court of Appeals              
          for the Sixth Circuit affirmed this Court's holding that the plan           
          did not constitute a dual purpose plan; rather, the permanent               
          disability provision was merely one of several provisions that              
          could trigger a participant's claim to accrued retirement                   
          benefits.  Id. at 940.  The Court of Appeals for the Sixth                  
          Circuit noted that the statement in the summary description was             





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