- 13 - 508 U.S. at 160 (citing S. Rept. 93-383, supra at 95-96, 1974-3 C.B. (Supp.) at 174-175). Before ERISA, a transfer of property to a pension plan either to satisfy a funding obligation or to repay a loan presented the potential for abuse. The transferor could transfer nonliquid assets to the plan, or he or she could otherwise "sell" the assets to the plan at a price that was not indicative of their true worth. Id. By adding section 4975 to the Code, the Congress endeavored to bar any transfer of property in payment of a transferor's obligation to his or her plan. Id. The type of abusive property transfer that the Congress was concerned about appears to be present in the instant case, where petitioner transferred a nonliquid asset to the MPP, and the transfer was most likely injurious to the MPP. The benefit that the MPP would have enjoyed from a cash repayment of the loan far exceeded any benefit that it received upon receipt of the property. The MPP and the DBP are separate entities, and the fact that petitioner transferred the real estate only to the MPP means that the MPP now owes him an amount equal to the real estate value that exceeded his debt to the MPP before the transfer. Following the transfer, the MPP had minimal assets, but for the real estate, and, in order to restore its position and satisfy its obligation to petitioner, the MPP was required to convert the real estate into cash. Such a conversion isPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011