- 9 - 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 wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011