Robert D. Booth and Janice Booth, et al. - Page 73

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          little meaningful commonality among each participating employer's           
          participation in the Prime Plan.                                            
               Contrary to petitioners' assertion, our interpretation of              
          the term "10 or more employer plan" does not make surplusage of             
          the phrase "experience-rating arrangements with respect to                  
          individual employers".  The phrase has meaning, for example, when           
          a multiple employer trust maintains a single pool of assets from            
          which all claims could be paid and charges each group of                    
          participants a different premium.  If one were to look solely at            
          physicians and construction workers, two of the vocations of                
          employees covered by the Prime Plan, and assume that the turnover           
          rate of these two groups is different, the Prime Plan, if                   
          structured with a single pool of assets, would almost certainly             
          have to charge different premiums to the different groups based             
          on each group's turnover rate in order to lure them into and                
          retain them in the plan.  In the context of the Prime Plan,                 
          however, a single pool was simply not desirable because                     
          prospective participating employers did not want to accept the              
          risk that their contributions would be used to pay the severance            
          claims of other employers' employee groups that possessed                   
          different levels of severance risk.                                         
               We find additional support for our interpretation in the               
          testimony of Charles C. DeWeese, F.S.A., M.A.A.A., an expert on             
          multiple employer plans, who concluded that each Employee Group             
          was a separate plan.  Mr. DeWeese testified that the typical                




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