Examples of ERISA Pension Plans in a sentence
Apart from benefits from "employee pension benefit plans" ("ERISA Pension Plans") as defined in Section 3(2) of ERISA and benefits described under Section 4980 of the Code, neither the Company nor any of the Subsidiaries has any obligation to provide benefits under any Plan except as to its active employees.
All employee welfare benefit plans as defined in Section 3(1) of the Employee Retirement Income Security Act of 1974 ("ERISA") ("Welfare Plans"), employee pension benefit plans as defined in Section 3(2) of ERISA ("Pension Plans"), and all other employee benefit programs or arrangements of any type ("Other Plans"), written or unwritten (collectively, the "Plans") maintained by Seller or to which Seller contributes ("Seller's Plans") are listed on Schedule 5.11.
In that case, the IRS could compute the principal amount of the debt instrument as equal to the present value of the installment payments discounted at the mid-term Applicable Federal Rate (currently 1.67 percent), with the difference being so computed constituting original issue discount, accruable in income over the installment payment period.TKNA’s assumption of the ERISA Pension Plans should not give rise to taxable income to the Debtor.
There has been no event subsequent to that determination that has adversely affected the tax qualified status of the ERISA Pension Plans or the exemption of the related trusts other than changes in the Code that are not effective as of the Closing Date.
In that event, because the Debtor will not continue to fund the Pension Plans, it is possible that the PBGC will initiate a termination of the ERISA Pension Plans.
Class 7 consists of Claims that TKNA will assume under the TKNA Settlement Agreement, which are: (i) approximately 24 Claims of Retirees arising under the SERP, which plan TKNA is assuming as of the Effective Date; (ii) Claims arising under either of the ERISA Pension Plans (both of which TKNA is assuming as of the Effective Date); (iii) Claim number 521 Filed by Waupaca Foundry, Inc.
Except as set forth in Section 2.22(c) of the Company Disclosure Schedule or in the notes to the Company’s financial statements included in the Company 10-K and the Company 10-Qs, the present value of all accrued benefits under each of the ERISA Pension Plans does not exceed the value of such plan’s assets, less all liabilities other than those attributable to accrued benefits.
The ERISA Pension Plans and the employee welfare benefit plans (within the meaning of Section 3(1) of ERISA) established and maintained by the Company or any Company Subsidiary (“ERISA Welfare Benefit Plans” and, together with the ERISA Pension Plans, the “ERISA Plans”) comply in all material respects with the applicable requirements of ERISA.
In addition, even if TKNA is treated as assuming the Debtor’s obligations with respect to the ERISA Pension Plans, the Debtor ought not to be treated as realizing cancellation of indebtedness income (“COD income”) under a Code exception that provides that COD income is not recognized to the extent that the payment of the liability would have given rise to a deduction.
With respect to the ERISA Pension Plans intended to be qualified under Section 401(a) of the Code, each of the Company and the Company Subsidiaries (as applicable) has received from the Internal Revenue Service a favorable determination for each of the ERISA Pension Plans and their related trusts that each of the ERISA Pension Plans is qualified under Section 401(a) of the Code and the related trust is tax-exempt under Section 501(a) of the Code.