- 43 - 404(a)(1)(A)(ii) limits the deduction for a contribution to a pension plan to “the amount necessary to provide with respect to all of the employees under the trust the remaining unfunded cost of their past and current service credits distributed as a level amount * * * over the remaining future service of each such employee”. The phrases “over the remaining future service of each such employee” (the section 404(a)(1)(A)(ii) language) and “over the working lives of the covered employees” (the section 419A(c)(2) language) are not identical. We give heed to the fact that Congress could have used identical language in both the pension and VEBA provisions but chose not to do so. Moreover, Congress in section 419A(e)(1) specifically made the pension nondiscrimination rules of section 505(b) applicable to the section 419A(c)(2) reserve. This is an indication that Congress did not intend to automatically apply pension provisions to section 419A. Additionally, in section 419(c)(3), Congress provided for the amortization of the adjusted basis of a child care facility over 60 months. This is a further indication that Congress did not intend to require amortization of the postretirement benefit of a retired employee. When Congress has intended to require costs to be spread over the remaining working lives of active employees, it has done so clearly. For example, the funding period for purposes of 19(...continued) amount provided in sec. 404(a)(1)(A)(iii).Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
Last modified: May 25, 2011