Wells Fargo & Company (f.k.a. Norwest Corporation) and Subsidiaries - Page 39




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            (1984))), affd. 65 F.3d 90 (8th Cir. 1995); see also Ins. Co. of N.                         
            Am. v. McCoach, 224 F. 657, 659 (3d Cir. 1915) (defining “reserve                           
            funds” as “funds as must be reserved to meet liabilities”); Black’s                         
            Law Dictionary 1309 (7th ed. 1999) (defining “reserve” to mean                              
            “Something retained or stored for future use; esp., a fund of money                         
            set aside by a bank or an insurance company to cover future                                 
            liabilities.”).                                                                             
                  Section 419A(c)(2) includes in the account limit a reserve                            
            funded for the payment of postretirement medical (or life                                   
            insurance) benefits.  The payment of those benefits is a liability                          
            of the employer, and “reserve” as used in section 419A(c)(2)                                
            connotes a measure of that liability; it refers to the accumulation                         
            of assets in an amount necessary to satisfy the employer’s                                  
            liability to pay the covered employees’ postretirement medical (or                          
            life insurance) benefits when those benefits become due.                                    
                        b. Reserve Funded Over the Working Lives of the                                 
                              Covered Employees and Actuarially Determined on a                         
                              Level Basis                                                               
                  Section 419A(c)(2) limits the reserve that may be included in                         
            the account limit to “a reserve funded over the lives of the                                
            covered employees and actuarially determined on a level basis”.                             
                  Respondent asserts that Norwest’s contribution in 1991 was                            
            excessive because it created a reserve that was not “funded over                            
            the working lives of the covered employees and actuarially                                  
            determined on a level basis”.  Respondent maintains that the                                






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