MBIA INC.
401(k) EMPLOYEE PLAN
NOTES TO FINANCIAL STATEMENTS (Continued)
DECEMBER 31, 2021 AND 2020
Collective Trusts
The Plan has two collective trust investments, the Fidelity Managed Income Portfolio Fund (“the MIP”) and the Fidelity Growth Company Commingled Pool (“the Growth Co. Pool”). Under the terms of each respective investment’s Declaration of Trust, withdrawals directed by the Plan Sponsor, not the participants, must be preceded by a 12 month written notice to the MIP and a 30 day written notice to the Growth Co. Pool.
6. Tax Status
Effective August 6, 2021, the Plan adopted the Fidelity Pre-Approved Defined Contribution Plan (“Pre-Approved Plan”). The Internal Revenue Service (“IRS”) ruled on June 30, 2020, that the Pre-Approved Plan, including related amendments, as designed, was in compliance with the applicable requirements of the Internal Revenue Code (“IRC”). The Plan has been amended since the adoption of the Pre-Approved Plan. The Plan Administrator believes the Plan is currently designed and is being operated in accordance with the IRC.
Effective January 1, 2020, the Plan adopted the Fidelity Management & Research Co’s Volume Submitter Profit Sharing Plan with CODA (“Volume Submitter Plan”). The IRS ruled on March 31, 2014, that the Volume Submitter Plan, including related amendments, as designed, was in compliance with the applicable requirements of the IRC. The adoption of the Volume Submitter Plan did not impact the provisions of the Plan.
GAAP requires Plan management to evaluate tax positions taken by the Plan and recognize a tax liability if the Plan has taken an uncertain position that more-likely-than-not would not be sustained upon examination by the IRS. The Plan is subject to routine audits by taxing jurisdictions, however, there are currently no audits for any tax periods in progress.
7. Related Party and Party-In-Interest Transactions
Certain Plan investments and shares of the Company’s common stock are managed by Fidelity, the investment advisor, trustee and custodian for the Plan. The investments with MBIA Inc. common stock were $2,255,910 and $1,209,218 at December 31, 2021 and 2020, respectively. The Company’s common stock comprises approximately 1% of the net assets available for benefits in each of the years ending December 31, 2021 and 2020. These transactions qualify as party-in-interest transactions. Notes receivable from participants also qualify as party-in-interest transactions.
8. Subsequent Events
The Plan’s management has evaluated subsequent events through May 18, 2022, the date the financial statements were available to be issued. Effective February 14, 2022, the Plan was amended to permit a partial withdrawal of account assets for participants not actively employed by the Company and beneficiaries. Previously, the Plan permitted only a full distribution. There were no other subsequent events requiring adjustments to the financial statements or disclosures.
11