Multiemployer plan receives amortization extensions

Plain-English summary

A multiemployer pension plan requested automatic extensions for amortizing numerous unfunded-liability bases arising from plan amendments, actuarial losses, and assumption changes. The IRS approved extensions for the listed bases for the redacted number of years under section 431(d)(1). The plan's actuary certified that without relief the plan would face a funding deficiency within the statutory period, that the sponsor adopted a funding-improvement plan, that projected assets could cover expected benefits and expenses, and that required notice was given. The IRS expected the plan to keep its actuarial assumptions and methods reasonable and properly approved. It also warned that benefit, accrual, or vesting changes while the extensions remain in effect can trigger section 412(c)(7).

Ruling snapshot

• Question: Does the plan qualify for automatic extensions of the listed unfunded-liability amortization periods?
• Outcome: Approved for the redacted extension period.
• Key authorities: IRC §§ 431(d)(1) and 412(c)(7); ERISA §§ 304 and 302(c)(7); Rev. Proc. 2010-52

Full text (IRS public release)

Scanned document; transcription proofread from IRS OCR. Obvious scan misreads were corrected; wording is otherwise verbatim, and redacted identifiers appear as the IRS released them.

Significant Index No. 0431.00-00

DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE                                      201922043

WASHINGTON, D.C. 20224

TAX EXEMPT AND
GOVERNMENT ENTITIES
DIVISION

T:EP:RA:A2
Re: (“Plan”)
EIN:  - (Plan No. )
Sponsor =
Dear

This letter constitutes notice that approval has been granted for your request for an
automatic extension for amortizing the unfunded liabilities as of July 1, . for the
above-named Plan. This approval applies to such unfunded liabilities which are
described in sections 431(b)(2)(B) and 431(b)(4) of the Internal Revenue Code
(“Code”), and sections 304(b)(2)(B) and 304(b)(4) of the Employee Retirement Income
Security Act of 1974 (“ERISA”). This extension is effective with the plan year
beginning July 1, , and applies to the eligible amortization charge bases as
identified in your application submission that are established as of July 1, , as
shown below. This approval will extend the amortization periods for years.

Amortization Base Table

Description  Date Established  Amortization Amount  Remaining Amortization Period before Extension (in Years)  Remaining Balance

Plan amendment 07/01/

Plan amendment 07/01/

Plan amendment 07/01/

Plan amendment 07/01/

Plan amendment 07/01/

Plan amendment 07/01/

Plan amendment 07/01/


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2
Amortization Base Table (continued)
Description  Date Established  Amortization Amount  Remaining Amortization Period before Extension (in Years)  Remaining Balance

Plan amendment 07/01/

Plan amendment 07/01/

Plan amendment 07/01/

Assumption change 07/01/

Plan amendment 01/01/

Plan amendment 07/01/

Plan amendment 09/01/

Plan amendment 07/01/

Plan amendment 01/01/

Plan amendment 07/01/

Plan amendment 07/01/

Plan amendment 07/01/

Actuarial loss 07/01/

Actuarial loss 07/01/

Actuarial loss 07/01/

Actuarial loss 07/01/

Assumption change 07/01
Assumption change 07/01/

Actuarial loss 07/01/

Actuarial loss 07/01/

Assumption change 07/01/

Actuarial loss 07/01/

Assumption change 07/01/
Actuarial loss 07/01/

Actuarial loss 07/01/

Actuarial loss 07/01/

The extension of the amortization periods of the unfunded liabilities of the Plan was
granted in accordance with section 431(d)(1) of the Code. Section 431(d)(1)(A) of the
Code requires the Secretary to extend the period of time required to amortize any
unfunded liability of a plan for a period of time (not in excess of 5 years) if the plan
submits an application meeting the criteria stated in section 431(d)(1)(B). The Plan
has submitted the required information to meet the criteria in section 431(d)(1)(B),
including a certification from the plan's actuary that:

201922043

(i) absent the extension under subparagraph (A), the Plan would have an
accumulated funding deficiency in the current plan year or any of the 9
succeeding plan years,

(ii) the Plan Sponsor has adopted a plan to improve the Plan's funding status,

(iii) the Plan is projected to have sufficient assets to timely pay expected benefits
and anticipated expenditures over the amortization period as extended, and

(iv) the notice required under paragraph (3)(A) has been provided, in accordance
with Section 3.05 of Rev. Proc. 2010-52.

In granting this ruling, it is expected that:

(i) the Plan's assumptions and methods will be reviewed and updated as
appropriate so that each prescribed assumption is applied in accordance with
applicable law and regulations,

(ii) each other assumption is reasonable (taking into account the experience of
the Plan and reasonable expectations) and such other assumptions, in
combination, offer the best estimate of anticipated experience under the Plan,
and

(iii) the plan sponsor obtained the appropriate approvals for any changes in
assumptions or funding methods (whether through an individual private letter
ruling or by qualifying for automatic approvals available in the Code, Treasury
regulations or other generally applicable guidance).

Furthermore, we are not expressing any opinion as to the accuracy of any material
submitted with your request.

Your attention is called to section 412(c)(7) of the Code and section 302(c)(7) of
ERISA which describe the consequences that would result in the event the Plan is
amended to increase benefits, change the rate in the accrual of benefits or to change
the rate of vesting while the amortization extension remains in place. Please note that
any amendment that increases liabilities for a profit sharing plan or any other
retirement plans (whether qualified or unqualified) maintained by the Trustees of the
Plan and covering participants of the Plan to which this ruling applies, would be
considered an amendment for purposes of section 412(c)(7) of the Code and

section 302(c)(7) of ERISA.

We have sent a copy of this letter to the Manager, EP Classification in Columbus,
Ohio, to the Manager, EP Compliance Unit in Chicago, Illinois, and to your authorized
representative pursuant to a power of attorney on file in this office.

This ruling is directed only to the taxpayer that requested it. Section 6110(k)(3) of the
Internal Revenue Code provides that it may not be used or cited by others as
precedent.


201922043

If you require further assistance concerning this matter, please contact
(ID# )at() -
Sincerely yours,

David M. Ziegler, Manager
Employee Plans Actuarial Group 2

cc: