Common use of Deposit Into Pension Funds Clause in Contracts

Deposit Into Pension Funds. The statute provides that recipients may not use Fiscal Recovery Funds for ‘‘deposit into any pension fund.’’ For the reasons discussed below, Treasury interprets ‘‘deposit’’ in this context to refer to an extraordinary payment into a pension fund for the purpose of reducing an accrued, unfunded liability. More specifically, the interim final rule does not permit this assistance to be used to make a payment into a pension fund if both: 1. The payment reduces a liability incurred prior to the start of the COVID– 19 public health emergency, and 2. the payment occurs outside the recipient’s regular timing for making such payments. Under this interpretation, a ‘‘deposit’’ is distinct from a ‘‘payroll contribution,’’ which occurs when employers make payments into pension funds on regular intervals, with contribution amounts based on a pre- determined percentage of employees’ wages and salaries. As discussed above, eligible uses for premium pay and responding to the negative economic impacts of the COVID–19 public health emergency include hiring and compensating public sector employees. Interpreting the scope of ‘‘deposit’’ to exclude contributions that are part of payroll contributions is more consistent with these eligible uses and would reduce administrative burden for recipients. Accordingly, if an employee’s wages and salaries are an eligible use of Fiscal Recovery Funds, recipients may treat the employee’s covered benefits as an eligible use of Fiscal Recovery Funds. For purposes of the Fiscal Recovery Funds, covered benefits include costs of all types of leave (vacation, family-related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (Federal and State), workers’ compensation insurance, and Federal Insurance Contributions Act taxes (which includes Social Security and Medicare taxes). Treasury anticipates that this approach to employees’ covered benefits will be comprehensive and, for employees whose wage and salary costs are eligible expenses, will allow all covered benefits listed in the previous paragraph to be eligible under the Fiscal Recovery Funds. Treasury expects that this will minimize the administrative burden on recipients by treating all the specified covered benefit types as eligible expenses, for employees whose wage and salary costs are eligible expenses.

Appears in 30 contracts

Samples: Non Profit Partnership Grant Program Agreement, Non Profit Partnership Grant Agreement, Non Profit Partnership Grant Agreement

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