Neonatology Associates, P.A., et al - Page 23




                                               - 23 -                                                  
            credited to the conversion credit balance at or about the end of                           
            each certificate year, and, to the extent that the interest on                             
            the funds reflected in the balance actually exceeds the credited                           
            amount, the excess is returned to the policyholder as an                                   
            experience refund.  The experience refund is credited to the                               
            policyholder as a reduction of the next premium due on the                                 
            policy.                                                                                    
            V. The Neonatology Plan                                                                    
                  Mr. Cohen introduced Dr. Mall to the SC VEBA, and she                                
            decided on her own, without seeking the advice of an independent                           
            knowledgeable professional, to cause Neonatology to invest                                 
            therein.  Dr. Mall knew that term life insurance was                                       
            substantially more expensive to buy through the SC VEBA than                               
            through other plans offered to her by the American Medical                                 
            Association and the American Academy of Pediatrics.  She believed                          
            that the SC VEBA was the best investment for Neonatology because                           
            it offered her the proffered tax benefits and accumulated value.                           
            Dr. Mall received correspondence on the SC VEBA but generally                              
            chose not to read it before investing in the SC VEBA.                                      
                  Neonatology established the Neonatology Plan under the SC                            
            VEBA on January 31, 1991, effective January 1, 1991, and the                               
            Malls were the only persons covered by that plan during the                                
            relevant years.  Mr. Mall was not a paid employee of Neonatology,                          
            and he was not eligible to join the plan.  Dr. Mall and PES, the                           






Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011