Robert D. Booth and Janice Booth, et al. - Page 64

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               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 an             







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