DEPARTMENT OF THE TREASURY
DISTRICT DIRECTOR
31 HOPKINS PLAZA
BALTIMORE, MD 21201-0000
L. B. FOSTER COMPANY
415 HOLIDAY DRIVE
PITTSBURGH, PA 15220-0000
Employer Identification Number
25-1324733
File Folder Number:
521004590
Person to Contact:
EP/EO CUSTOMER SERVICE UNIT
Contact Telephone Number:
(410) 9626058
Plan Name:
L.B. FOSTER CO.,
RETIREMENT SAVINGS PLAN FOR
NONUNION HOURLY EMPLOYEE
Plan Number: 012
Dear Applicant:
We have made a favorable determination on your plan, identified above,
based on the information supplied. Please keep this letter in your permanent
records.
Continued qualification of the plan under its present form will depend
on its effect in operation. (See section 1.401-1(b)(3) of the Income Tax
Regulations.) We will review the status of the plan in operation periodically.
The enclosed document explains the significance of this favorable determination
letter, points out some features that may affect the qualified status of your
employee retirement plan, and provides information on the reporting
requirements for your plan. It also describes some events that automatically
nullify it. It is very important that you read the publication.
This letter relates only to the status of your plan under the Internal
Revenue Code. It is not a determination regarding the effect of other federal
or local statutes.
This determination is subject to your adoption of the proposed
amendments submitted in your letter dated March 27, 1996. The proposed
amendments should be adopted on or before the date prescribed by the
regulations under Code section 401(b).
'This determination is also subject to your adoption of the proposed
amendments submitted in your letter(s) dated February 16, 1996. These proposed
amendments should also be adopted on or before the date prescribed by the
regulations under Code Section 401(b).
This determination letter is applicable for the amendment(s) adopted on
October 1, 1988.
This plan satisfies the minimum coverage and nondiscrimination
requirements of sections 410(b) and 401(a)(4) of the Code because the plan
(disregarding any portion that benefits solely collectively bargained
employees) benefits no highly compensated employees. This letter may not be
relied on with respect to the aforementioned requirements of the Code for any
plan year in which the plan (disregarding any portion that benefits solely
collectively bargained employees) benefits any highly compensated employees.
This letter is issued under Rev. Proc. 9339 and considers the amendments
required by the Tax Reform Act of 1986 except as otherwise specified in this
letter.
This letter may not be relied upon with respect to whether the plan
satisfies the qualification requirements as amended by the Uruguay Round
Agreements Act, Pub. L.103-465.
If you have questions concerning this matter, please contact the person
whose name and telephone number are shown above.
Sincerely yours,
/s/Paul M. Harrington
-----------------------
District Director
Enclosure(s)
Publication 794