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As required by ERISA sections 104 and 4065 and sections
6057(b) and 6058(a), after the close of each plan year the
administrator of each CBA Plan filed Annual Reports (Forms 5500)
and accompanying schedules with the IRS. On Schedule B of Form
5500, each CBA Plan reported for each plan year only those
contributions paid under the applicable collective bargaining
agreement for hours or weeks worked during that particular plan
year. Petitioner's monthly contributions to each CBA Plan were
reported by each CBA Plan on Schedule B of Form 5500 for that
plan year in which the related hours or weeks of the covered
employees had been worked. Schedule B of Form 5500 is required
to be filed only with respect to a defined benefit plan that is
subject to the minimum funding standards of section 412 and ERISA
section 302, 88 Stat. 869, and one purpose of the completion of
the Schedule B is to demonstrate compliance or noncompliance with
such minimum funding standards.
There was no provision in any of the collective bargaining
agreements prohibiting petitioner from contributing more than the
amount required under the agreements or contributing amounts in
advance of the date that such amounts became due. There was no
provision in any of the collective bargaining agreements which
explained how the plan administrator was supposed to handle or
credit an amount received from an employer that was not earmarked
as a contribution then due under the collective bargaining
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Last modified: May 25, 2011