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At Mr. Weiss' request, Dr. Raby performed services in
May and June 1993, in connection with respondent's consideration
of issues flowing from the Prime Plan. Dr. Raby's fees were paid
from the suspense account (the Suspense Account) that was part of
the Trust. The Suspense Account served primarily as the
depository for amounts forfeited by the employers and employee
groups connected to the Prime Plan.
E. The Trust
The Trust was a separate, taxable entity apart from Prime
and its affiliates. The Trust owned all of its assets, and it
was supervised by an independent trustee. The Trust's assets
consisted of the money and other property contributed by the
participating employers, and any earnings (or less any losses)
thereon, less payments made by the trustee.
The Trust's first trustee was Northern Trust Bank of
Arizona, N.A. (Northern). Northern was succeeded by Security
Pacific Bank Arizona (Security Pacific) on or about June 30,
1990. Firstar Metropolitan Bank & Trust (Firstar) succeeded
Security Pacific effective January 2, 1992. Firstar's trustee
fees included an asset management fee of 1 percent of the market
value up to $2 million per account, with 0.8 percent of the
market value on the balance, plus a $15 per item transaction
charge.
F. The Administrator of the Prime Plan
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