- 69 - exceeds the benefit claims and is liable if the benefit claims exceed the amount paid". H. Rept. 98-432 (Part 2), supra at 1280 n.18. Petitioners also look to section 1851(a)(8)(B) of the Tax Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2860, which describes an experience-rated insurance policy to mean "the employer has a contractual right to a refund or dividend based solely upon the experience of such employer". Petitioners assert that the conferees' use of the word "often" in their explanation of section 419A(f)(6) means that the Prime Plan did not have to function as a risk-distributing insurer in order to fall within that section. Petitioners assert that the Suspense Account satisfied any risk shifting requirement inherent in section 419A(f)(6) because actuarial gains were pooled to supplement underfunded benefits of other employers. We disagree with petitioners' assertion that the Prime Plan is a single plan for purposes of subpart D. The Prime Plan is nothing more than an aggregation of individual, unique plans formed by separate employers who have: (1) Delegated to a common administrator their (the employers') duties and responsibilities with respect to the respective plans that each employee/owner has tailored personally for his or her business and (2) contributed funds to a trust overseen by a common trustee that was required to disburse each employer's contributions, and earnings thereon, primarily for the benefit of the contributing employer's employees. The fact that Prime structured the Prime Plan to havePage: Previous 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Next
Last modified: May 25, 2011