Single VEBA may consist of several separate welfare benefit funds maintained pursuant to collective bargaining agreements
Article Abstract:
The IRS found in PLR 9617041 that two sub-trusts that an employer established under a voluntary employees' beneficiary association were not subject to IRC section 419A limitations because the sub-trusts were separate welfare benefit plans that were established under collective bargaining agreements. The welfare benefit plans provided employees and retirees with health and life insurance. The IRS regulations under section 419A were applied to determine whether the funds were maintained pursuant to a collective bargaining agreement.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1996
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DOL proposes regs. on welfare plans established or maintained pursuant to collective bargaining for purposes of MEWA rules
Article Abstract:
The US Dept of Labor has provided guidelines regarding when a welfare benefit plan has been established pursuant to a collective bargaining agreement because the Employee Retirement Income Security Act does not apply to multiple employer welfare arrangements arising out of collective bargaining. The proposed regulations identify what constitutes collective bargaining as well as what employee coverage is required. The Dept of Labor notes that these regulations only apply in the multiple employer welfare arrangement context.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1995
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VEBA subtrust is separate collectively bargained welfare fund
Article Abstract:
The IRS ruled in Letter Ruling 9741050 that a subtrust of a voluntary employee benefits association was a separate collectively-bargained fund and allowed the contribution limitation exclusion of IRC section 419A(f)(5). The former employees who were fund beneficiaries were covered by a collective bargaining agreement meeting the IRS's 90% requirement. The IRS also noted the existence of arms-length and good faith dealings as two other factors underlying its determination.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1997
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