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and December 31, 1988, each of the plans qualified as a
Multiemployer Plan within the meaning of the Employee Retirement
Income Security Act of 1974 (ERISA), Pub. L. 93-406, 88 Stat. 829
and was a plan to which section 413(b) and Subtitle E of Title IV
of ERISA applied. Moreover, at all times during this period,
each of the plans qualified under section 401(a) as a pension
plan, and, accordingly, the trusts related to each CBA Plan were
exempt from taxation under section 501.
Generally, at the end of each month, petitioner calculated
the amount of its required contribution to each CBA Plan by
multiplying the hours or weeks (units of service) worked by
covered employees in such month by fixed monetary rates (the
contribution rate) set by the collective bargaining agreement.
Increases or decreases in the number of covered employees, along
with increases or decreases in the units of service worked by
covered employees, required petitioner to make a separate
calculation for its required contribution to each plan every
month. Contributions to each CBA Plan attributable to units of
service worked in a given month were due on the 30th of the month
after the units of service were worked. On occasion,
contributions to plans were made on a quarterly basis, based upon
covered services performed during the quarter.
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