DEPARTMENT OF THE TREASURY 

WASHINGTON, D.C.

October 9, 2018

Mr. Michael Smith

Mr. Arthur Katz

Board of Trustees for the Local 805 Pension Fund 

60 Broad Street, 37th Floor

New York, NY 10004

Re: Local 805 Pension Fund (Fund) 

Application for Reduction of Benefits

Dear Mr. Smith and Mr. Katz:

The application submitted by the Board of Trustees of the Fund to the Secretary of the Treasury 

(Treasury) on February 23, 2018, to reduce benefits pursuant to the Multiemployer Pension 

Reform Act of 2014 (MPRA) has been reviewed to determine whether it satisfies the 

requirements established by Congress under MPRA. In consultation with the Secretary of Labor 

(DOL) and the Pension Benefit Guaranty Corporation (PBGC), Treasury has determined that the 

Fund is eligible to reduce benefits under MPRA and that your application satisfies the 

requirements of subparagraphs (C), (D), (E), and (F) of section 432(e)(9) of the Internal Revenue 

Code (Code), as added by MPRA.

This notification is not a final authorization to implement the benefit reduction described in your 

application. Pursuant to Code section 432(e)(9)(H), no reduction of benefits can take effect 

before a vote of the participants and beneficiaries of the Plan with respect to the proposed 

reduction. MPRA requires Treasury, in consultation with DOL and PBGC, to administer this 

vote. Accordingly, Treasury, in consultation with DOL and PBGC, will administer a vote of the 

participants and beneficiaries of the Fund.

Pursuant to the regulations under MPRA, the Trustees must submit the following to Treasury or 

its designated vendor no later than October 11, 2018:

• a voting roster that identifies eligible voters in accordance with the regulations under 

MPRA, including all Plan participants (active participants, deferred vested participants, 

and retirees) and beneficiaries of deceased participants;

• Plan information (such as participant identification codes used by the Plan) to enable 

Treasury to verify the identity of each eligible voter;

• mailing addresses for all voters on the roster (or an indication that an address could not be 

identified through reasonable efforts);
Board of Trustees 

Local 805 Pension Fund

October 9, 2018

Page 2

• current electronic mailing addresses for those voters who also may be contacted 

electronically; and

• individualized estimates of the effect of the proposed benefit reduction on each 

participant and beneficiary in the Fund.

1

The Trustees are responsible for making reasonable efforts to identify the mailing addresses for 

those eligible voters whose ballot packages are returned as undeliverable (upon notice of such 

returns by Treasury).2 Please review the regulations under MPRA for further details regarding

these requirements. If you fail to satisfy the applicable requirements, it may not be possible 

to timely administer, and certify the results of, the vote. In that case, it may not be possible 

to issue a final authorization permitting implementation of the proposed reduction.3

Please contact Treasury staff if you have any questions regarding this information.

Sincerely,

Danielle Norris 

MPRA Director

cc: Craig Voelker

Vincent Regalbuto

 

 1 Treas. Reg. § 1.432(e)(9)-1(h)(2)(iii)(B)(2). 2 Treas. Reg. § 1.432(e)(9)-1(h)(2)(iii)(B)(3). 3 See Treas. Reg. § 1.432(e)(9)-1(a)(4)(iii)(D). (The effective date of a benefit reduction may not precede the date 

on which a final authorization to reduce benefits is issued.)