- 6 - of the plan. Petitioner’s minutes of its meeting in October 1988 recite that its legal counsel reported that recent Internal Revenue Service regulations which provide that a pattern of repeated plan amendments providing for similar benefits, in similar situations paid to participants for substantially consecutive limited periods of time will be considered by the Internal Revenue Service as a permanent benefit and the Internal Revenue Service would require that such benefits be funded. [Counsel] * * * stated that the regulations make a presumption that any such benefit paid for three consecutive years will be considered a permanent benefit. In 1989, the employers’ contribution to the COLA Fund was raised from 5 to 10 cents per hour worked. The COLA Fund’s assets were again insufficient to pay the 3-percent COLA for 1989 and 1990. To make up for the shortfall, petitioner authorized ad hoc payments from the NPF Fund of 2.3 percent and 2.1 percent for the respective years. In a session held on November 15 and 16, 1990, petitioner agreed to amend the Plan to provide a 2-percent annual cost-of-living benefit (the NPF COLA) as an integral part of the Plan itself beginning in December 1991. A March 1991 newsletter sent to plan participants stated in an article entitled “NOW! COLA COVERAGE FOR ALL NPF RETIREES”: The Trustees of the Sheet Metal National Pension Fund have unanimously voted to extend COLA (Cost of Living Allowance) protection to all qualified retired SMWIA members and their surviving spouses who receive NPF pensions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011