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On October 30, 1995, petitioner amended and restated
article 8 (1995 article 8). The 1995 article 8 provides that,
effective January 1, 1995, a participant had to have separated
from covered employment on or after January 1, 1991, in order to
be eligible to receive an NPF COLA. The 1995 article 8 also
provides that petitioner may amend the Plan in any year to
provide an ad hoc payment to pre-1991 retirees. The 1995 article
8 limits the amount of any single year’s ad hoc payment to 5
percent of the retiree’s annual pension benefit and does not take
into account years of service.
By unanimous written concurrence on December 30, 1996,
petitioner amended and restated article 8 (1996 article 8), again
providing that a plan participant had to be separated from
covered employment on or after January 1, 1991, to receive an NPF
COLA. The 1996 article 8 also incorporates specifically the
provision permitting the Plan to be amended so that ad hoc
payments might be made to pre-1991 retirees in 1995 and again in
1996. For 1996, petitioner paid a flat 8-percent ad hoc payment
to the pre-1991 retirees.
On April 30, 1997, petitioner submitted the final adopted
article 8 to the District Office as a supplement to the
application for determination. By letter dated June 12, 1997,
the District Office notified the Plan that it was requesting a
technical advice memorandum (TAM) from respondent’s national
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Last modified: May 25, 2011