Sherwin-Williams Company Employee Health Plan Trust - Page 3




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          set aside3 to provide for the payment of reasonable costs of                
          administration directly connected with providing for the payment            
          of health care benefits subject to the limitation prescribed by             
          section 512(a)(3)(E)(i)?  We hold that it is.                               
               (2)  In calculating for each year at issue the limitation              
          prescribed by section 512(a)(3)(E)(i), is the amount of assets              
          that the Trust set aside to provide for the payment of health               
          care benefits, including reasonable costs of administration                 
          directly connected with providing for the payment of such bene-             
          fits, to be reduced by the amount of the reserve described in               
          section 419A(c)(2)(A) for post-retirement medical benefits                  
          (reserve for post-retirement medical benefits)?  We hold that it            
          is not.                                                                     
          Background                                                                  
               This case was submitted fully stipulated.  The facts that              
          have been stipulated are so found except as stated herein.                  
               At the time of the filing of the petition, the Trust’s                 
          address was in care of its trustee, Key Trust Company of Ohio,              
          N.A. (Trustee), in Cleveland, Ohio.                                         
               On December 30, 1987, The Sherwin-Williams Company (Sherwin-           
          Williams) established the Trust to fund health care benefits for            
          participants in The Sherwin-Williams health care plan (Sherwin-             



               3All references herein to an amount set aside are to an                
          amount set aside within the meaning of sec. 512(a)(3)(B).                   





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Last modified: May 25, 2011