Robert D. Booth and Janice Booth, et al. - Page 79

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          satisfy employee claims.  The record also demonstrates that                 
          amounts were not transferred into the Suspense Account based on             
          exposure to risk, and that the Suspense Account did not serve to            
          spread among the participating employers the risk of incurring              
          DWB's.                                                                      
               Even if one were to assume arguendo that the Suspense                  
          Account did serve to shift some risk, our view would not change.            
          We are unable to find that any such shift would have been                   
          meaningful.  As a point of fact, the risk of severance never                
          shifted from the employers to the Trust.15  The Trust never                 
          assumed any risk of loss for any amount placed therein.                     
          Contributions never provided a meaningful benefit to persons                
          other than the contributing employer's employees.  Although it is           
          true that actuarial gains were pooled in the Suspense Account to            
          supplement underfunded benefits of other employers, we do not               
          believe that this pooling technique shifted risk significantly.             
          As a point of fact, less than 0.1 percent of the benefits came              
          from the Suspense Account.                                                  
               Accordingly, we hold that the Prime Plan is not within the             
          requirements of section 419A(f)(6).  Thus, the participating                


               15 In this regard, we disagree with Mr. Barnhart, who                  
          testified that he believed the Suspense Account operated to share           
          the risk of severance among employers.  Relying on this belief,             
          Mr. Barnhart concluded that the Suspense Account operated to make           
          the Prime Plan a single plan.  Mr. Barnhart agreed, however,                
          that, absent the shift of severance through the Suspense Account,           
          the Prime Plan would be an aggregation of separate plans.                   




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