The Board of Trustees of the Sheet Metal Workers' National Pension Fund - Page 6




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          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.                                                              








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