- 64 - unconditional right in a later year to a refund or credit of the excess of payments over benefit costs. In contrast, an ordinary disability income policy under which an employer pays a premium so that employees who become disabled in that year may collect benefit payments for the duration of disability is not a fund, since the employer has no right to recover any part of the premium payment and the future benefit payments to an employee whose disability occurs during the period for which the premium is paid is not contingent on any further payments by the employer. * * * [Id. at 1155.] The rules of subpart D, however, do not apply to a multiemployer plan described in section 419A(f)(6). Section 419A(f)(6) provides: (6) Exception for 10-or-More Employer Plans.-- (A) In general.--This subpart shall not apply in the case of any welfare benefit fund which is part of a 10 or more employer plan. The preceding sentence shall not apply to any plan which maintains experience-rating arrangements with respect to individual employers. (B) 10 or more employer plan.--For purposes of subparagraph (A), the term "10 or more employer plan" means a plan-- (i) to which more than 1 employer contributes, and (ii) to which no employer normally contributes more than 10 percent of the total contributions contributed under the plan by all employers. According to the conferees, this exception was prescribed "because under such a plan, the relationship of a participating employer to the plan often is similar to the relationship of anPage: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
Last modified: May 25, 2011