The Board of Trustees of the Sheet Metal Workers' National Pension Fund - Page 5




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          that it was permissible for a pension fund to provide ad hoc                
          benefit increases to pensioners and beneficiaries it was agreed             
          that the National Pension Fund should provide the amount                    
          necessary to reach the desired formula.”)  The ad hoc payment               
          equaled the amount that, in combination with the benefit payable            
          from the COLA Fund, equaled the 3-percent COLA.                             
               The COLA Fund’s assets were again insufficient to pay the              
          3-percent COLA for 1986, 1987, and 1988.  In each of these years,           
          petitioner approved the NPF Fund’s payment of an ad hoc amount              
          that, in combination with the benefit payable under the COLA                
          Fund, equaled the 3-percent COLA.  The percentages of those ad              
          hoc payments for 1985 through 1988 were 1.7, 1.8, 1.5, and 2.4,             
          respectively.                                                               
               On July 11, 1988, respondent prescribed a new set of                   
          regulations that included section 1.411(d)-4, Q&A-1(c), Income              
          Tax Regs.  That section mandates that, if an employer establishes           
          a pattern of repeated plan amendments providing for similar                 
          benefits in similar situations for substantially consecutive,               
          limited periods of time, those benefits will be treated as                  
          provided under the terms of the plan.  That section further                 
          mandates that patterns of repeated plan amendments adopted and              
          effective before July 11, 1988, are disregarded in determining              
          whether the amendments constitute a pattern that is deemed part             








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