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181B.07 Exceptions to pension funding requirements.

An employer shall not be liable for any pension funding charge under sections 181B.03 to 181B.06 when (1) the employer ceases to operate a place of employment or a pension plan as a result of merger, consolidation, or acquisition of assets, if the successor to the employer continues the pension plan of the employer or establishes a comparable pension plan which covers all previously covered employees of the employer with no reduction in credited covered service for purposes of sections 181B.01 to 181B.17 and no reduction in the value of the pension credits already earned by the employees; or (2) the employer ceasing to operate a place of employment or a pension plan has (a) in each of the five years prior to cessation made a contribution to the pension plan at least equal to the maximum contribution which would have been exempt from income taxation under section 404 of the United States Internal Revenue Code of 1986, as amended through December 31, 1992, or (b) in at least eight of the ten years immediately prior to cessation made a contribution to the pension plan at least equal to the maximum contribution which would have been exempt from income taxation under section 404 of the United States Internal Revenue Code of 1986, as amended through December 31, 1992, or (c) when the pension plan has been instituted less than five years prior to cessation, in every year since the institution of the plan, made a contribution to the pension plan at least equal to the maximum contribution which would have been exempt from income taxation under section 404 of the United States Internal Revenue Code of 1986, as amended through December 31, 1992.

HIST: 1974 c 437 s 7; 1993 c 375 art 8 s 14

Official Publication of the State of Minnesota
Revisor of Statutes