American Stores Company and Subsidiaries - Page 23

                                       - 23 -                                         
          from one vacation season to the next.  A covered employee who               
          terminates employment before reaching the May 1 start of a                  
          vacation season retains the right to receive payment for vacation           
          pay benefits he has vested in since May 1 of the preceding year.            
          However, he has no right to receive vacation pay for nonvested              
          vacation benefits he would have vested in by the May 1 start of             
          the next vacation season.  An employee receives vacation pay                
          under the Acme Markets plan equal to the salary he would normally           
          receive when the vacation is actually taken.                                
          B.  Petitioner's Section 463 Deductions                                     
               For the General Plan and the Acme Markets Plans, petitioner            
          included both the unused yearend vested and nonvested vacation              
          benefits in calculating its vacation pay accruals under section             
          463 for the relevant period.  In some instances, petitioner                 
          applied inflation factor adjustments to the unused yearend vested           
          and nonvested vacation benefits when calculating claimed accruals           
          under section 463.  The parties agree that petitioner may include           
          the unused yearend vested vacation benefits and related                     
          adjustments when calculating its vacation pay accruals under                
          section 463.  Respondent disputes, however, petitioner's                    
          inclusion of the unused yearend nonvested vacation benefits and             
          adjustments when calculating the vacation pay accruals under                
          section 463 for TYE 8701 and TYE 8801.                                      








Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011