Westchester Plastic Surgical Associates, P.C. - Page 19




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                    (i) A determination by the fiduciary that the                     
               particular investment or investment course of action is                
               reasonably designed, as part of the portfolio * * *, to                
               further the purposes of the plan, taking into consideration            
               the risk of loss and the opportunity for gain (or other                
               return) associated with the investment or investment course            
               of action, and                                                         
                    (ii) Consideration of the following factors * * *                 
                         (A) The composition of the portfolio with regard             
                    to diversification;                                               
                         (B) The liquidity and current return of the                  
                    portfolio relative to the anticipated cash flow                   
                    requirements of the plan; and                                     
                         (C) The projected return of the portfolio                    
                    relative to the funding objectives of the plan.                   
          29 C.F.R. sec. 2550.404a-1(b)(2).                                           
               The Department of Labor requirements appear consistent with            
          criteria set forth by the Commissioner in Rev. Rul. 69-494, 1969-           
          2 C.B. 88, for testing compliance with the exclusive benefit                
          requirement of section 401(a)(2).  Those criteria are:  (1) Cost            
          must not exceed fair market value at the time of purchase; (2) a            
          fair return commensurate with the prevailing rate must be                   
          provided; (3) sufficient liquidity must be maintained to permit             
          distributions in accordance with the terms of the plan; and (4)             
          the safeguards and diversity that a prudent investor would adhere           
          to must be present.  We previously have indicated that the                  
          criteria listed in Rev. Rul. 69-494, supra, although not binding            
          on the Court, are relevant to a determination as to whether the             
          prudent investor requirements have been satisfied.  See Winger's            





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