Robert D. Booth and Janice Booth, et al. - Page 76

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               The term "experience-rated" means generally that premiums              
          (contributions) are adjusted to reflect experience.  See also               
          United States v. American Bar Endowment, 477 U.S. 105, 107 (1986)           
          ("experience rated * * * means that the cost of insurance to the            
          group is based on that group's claims experience, rather than               
          general actuarial tables").  The Congress knew this, as evidenced           
          by the fact that the House committee defined the term "purely               
          experience-rated" in its report.  Yet, the Congress declined to             
          inscribe the term "experience-rated" in section 419A(f)(6),                 
          choosing, instead, to use the term "experience-rating                       
          arrangements".  We believe that the scope of the term                       
          "experience-rating arrangements" is wider than that of                      
          "experience-rated".  The conferees stated that a plan is outside            
          the scope of section 419A(f)(6) if any employer's liability "is             
          determined on the basis of experience rating".  If the conferees            
          had meant to equate the term "experience-rating arrangements"               
          with the term "experience rated", they could (and we believe                
          would) have said that a plan is outside the scope of section                
          419A(f)(6) if any employer's liability "is experience rated".               
          The conferees did not.  Nor did the Congress provide in section             
          419A(f)(6)(A) that the first sentence therein "shall not apply to           
          any plan * * * [that is experience rated] with respect to                   
          individual employers."                                                      
               The essence of experience rating is the charging back of               
          employee claims to the employer's account.  The Prime Plan                  




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