- 42 - full funding for retirement benefits at the end of each employee’s term of service.” (Emphasis supplied.) Respondent acknowledges that sections 419 and 419A do not impose an obligation on an employer to create a reserve to pay for postretirement medical benefits; i.e., employers may pay and deduct the medical claims as they become due on a pay-as-you-go basis. Respondent further acknowledges that if an employer establishes a reserve under section 419A(c)(2), sections 419 and 419A do not impose a minimum annual contribution requirement or require an employer to make contributions that are precisely level. Respondent contends, however, that “funded” in section 419A(c)(2) is synonymous with “amortized” and that if an employer does not make a contribution in a given year, then the “contribution that was not made would be funded over the remaining working lives of employees in subsequent years”. Respondent asserts that the language “funded over the working lives of the covered employees” is essentially identical to the language of section 404(a)(1)(A)(ii), and, therefore, any accrued liability must be amortized over the remaining lives of the active employees. We disagree. The language of section 404(a)(1)(A)(ii) is clearly different from the language of 419A(c)(2). When applicable,19 section 19 The deduction for a contribution to a pension trust is limited to the amount provided in sec. 404(a)(1)(A)(ii) when it exceeds the minimum funding amount provided in sec. 412(a) and the (continued...)Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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