- 24 - On June 30, 1987, petitioner had 28,708 employees, of whom approximately 1,854, or 6.46 percent, were represented by unions. The plan was not the result of collective bargaining or required by any agreement with the union. Petitioner attempts to distinguish between the union and nonunion contributions under the VEBA by calculating the respective contributions in isolation. The plan itself, however, does not make that distinction and cannot as a whole reasonably be characterized as a welfare benefit fund maintained pursuant to a collective bargaining agreement. Because the contribution for collectively bargained employees does not meet the requirements of section 419A(f)(5), the deductibility of the contribution for union medical benefits must be tested under section 419A(c)(1). The analysis of the treatment of the contribution for medical benefits to union members and of the contribution for long-term disability claims is combined below. Medical Benefits for Union Members and Long-Term Disability Claims In addition to the medical benefits for union members, petitioner included $2.5 million in the 1987 contribution for long-term disability claims. Petitioner alleges that the long-term disability claims were incurred but unpaid as of the close of its 1987 fiscal year. Section 419A(c)(1) provides the account limit for claims described in section 419A(a), including disability benefits, sec.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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