EXHIBIT 5.1
INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY
DISTRICT DIRECTOR
P.O. BOX 2508
CINCINNATI, OH 45201 Employer Identification Number:
34-0253240
Date: MAY 22, 1995 File Folder Number:
340001449
THE GOODYEAR TIRE & RUBBER COMPANY Person to Contact:
C/O KENT L. MANN CATHERINE WAITE
THOMPSON, HINE & FLORY Contact Telephone Number:
1100 NATIONAL CITY BANK BUILDING (513) 684-3079
CLEVELAND, OH 44114-3070 Plan Name:
EMPLOYEE SAVINGS PLAN FOR
SALARIED EMPLOYEES
Plan Number: 004
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 April 26, 1995. The proposed amendments should
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
December 20, 1994.
This plan has been mandatorily disaggregated, permissively aggregated, or
restructured to satisfy the nondiscrimination requirements.
This plan satisfies the nondiscrimination in amount requirement of section
1.401(a)(4)-1(b)(2) of the regulations on the basis of a design-based safe
harbor described in the regulations.
This letter is issued under Rev. Proc. 93-39 and considers the amendments
required by the Tax Reform Act of 1986 except as otherwise specified in this
letter.
This plan satisfies the nondiscriminatory current availability require-
Letter 835 (DO/CG)
-2-
THE GOODYEAR TIRE & RUBBER COMPANY
ments of section 1.401(a)(4)-4(b) of the regulations with respect to those
benefits, rights, and features that are currently available to all employees in
the plan's coverage group. For this purpose, the plan's coverage group consists
of those employees treated as currently benefiting for purposes of
demonstrating that the plan satisfies the minimum coverage requirements of
section 410(b) of the Code.
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.
We have sent a copy of this letter to your representative as indicated in
the power of attorney.
If you have questions concerning this matter, please contact the person
whose name and telephone number are shown above.
Sincerely yours,
/s/ C. Ashley Bullard
----------------------------
C. Ashley Bullard
District Director
Enclosures:
Publication 794
Reporting & Disclosure Guide
for Employee Benefit Plans
Letter 835 (DO/CG)
INTERNAL REVENUE SERVICE Department of the Treasury
District P.O. Box 2508, Cincinnati, OH 45201
Director FF-340001449
Goodyear Tire and Rubber Company Person to Contact:
1144 East Market Street Denise McMickens
Akron, Ohio 44114 Telephone Number:
216-522-3295
Refer Reply to:
EP/EO
Date: MAY 21, 1986
Name of Trust:
Commingled Trust
Date Trust was Executed:
July 1, 1984
Dear Sir or Madam:
Based on the information supplied, we find that the master (group) trust is a
pooled fund arrangement as described in Revenue Ruling 81-100, 81-13 I.R.B. 32.
The trust is tax exempt under section 501(a) of the Internal Revenue Code with
respect to the funds that equitably belong to its participating trusts that are
qualified under section 401(a). The trust is also tax exempt under section
408(e) with respect to the funds that equitably belong to its participating
individual retirement accounts that are qualified under section 408.
Participation in the master trust is limited to pension, profit-sharing, and
stock bonus plans that are qualified under Code section 401(a) and are tax
exempt under section 501(a) and individual retirement accounts that are
qualified under section 408 and are tax exempt under section 408(e). The trust
is subject to the provisions of section 502 (relating to feeder organizations),
section 503 (relating to prohibited transactions), and sections 511 to 515
(relating to tax on unrelated business income).
The trustee of the master trust is governed by the fiduciary responsibility
provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and,
subject to the exceptions explained in this Act, has full responsibility for
the investment of assets held by the trust.
The information in this letter relates only to the status of the master trust
under the Internal Revenue Code and not to the effect of any other Federal or
local statutes.
Please keep this determination letter in your permanent records. If you have
any questions concerning this matter, please contact the person whose name and
telephone number are shown above.
Sincerely yours,
/s/ James J. Ryan
---------------------------
James J. Ryan
District Director
Letter 1520(P)