main document page 1 of 1 northern district of new …new york state teamsters conference pension...

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IN THE UNITED STATES BANKRUPTCY COURTNORTHERN DISTRICT OF NEW YORK (SYRACUSE)

In Re: ) Chapter 11)

COYNE INTERNATIONAL ) Case No. 15-31160-5-MCRENTERPRISES CORP., )

) Honorable Margaret M. Cangilos-RuizDebtor. )

_________________________________________ )

NOTICE OF FILING OF PROOF OF CLAIM

PLEASE TAKE NOTICE that the Creditor, New York State Teamsters Conference Pension

and Retirement Fund, hereby files its Proof of Claim in the above-captioned case on this date.

Dated: November 16, 2015

/s/ Vincent M. DeBella Vincent M. DeBella, Esq. (NY101465)Attorney for CreditorNew York State Teamsters Conference Pension and Retirement Fund12 Steuben Park Utica, New York 13501Telephone: (315) 735-6481Fax: (315) 735-6406E-mail: [email protected]

Case 15-31160-5-mcr Doc 362 Filed 11/16/15 Entered 11/16/15 17:28:06 Desc Main Document of 1

BIO (Official FOIm 10) (04/13)

UNITED STATES BANKRUPTCY COURT Northern District of New York PROOF OF CLAIMName of Debtor: Case Number:

COYNE INTERNATIONAL ENTERPRISES CORP. 15-31160-5-MCR

NOTE: Do not use this [orm to make a claim for an administrative expense that arises after the bankruptcy filing. Youmay file 0 request forpayment of an administrative expense according to J I U.S.c. § 503.

Name of Creditor (the person or other entity to whom the debtor owes money or property):NewYork State Teamsters Conference PenSion & RebrEffi2Ilt Fund

,- COURT USE ONLYName and address where notices should be sent: Vincent M. DeBella, Es:J.. o Check this box if this claim amends a

c/o Paravati, Karl, Green & IeBella, lIP previously filed claim.

12 Steuben Park Court Claim Number:Utica, N.Y. 13.501 (If/mown)

Telephone number: email:(315) 735-6481 [email protected] Filed Oil:

Name and address where payment should be sent (if different from above): o Check this box if you are aware thatanyone else has filed a proof of claimrelating to this claim. Attach copy ofstatement giving particulars.

Telephone number: email:

1. Amount of Claim as of Date Case Filed: $ 7~ 4,852,917 94If all or part of the claim is secured, complete item 4.

If all or part of the claim is entitled to priority, complete item 5.

¥J Check this box if the claim includes interest or other charges in addition to the principal amount of the claim. Attach a statement that itemizes interest or charges.

2. Basis for Claim: Employer withdrawal liability and employee benefit contributions(See instruction #2)

3. Last four digits of any number 3·a. Debtor may have scheduled account as: 3b. Uniform Claim Identifier (optional):by which creditor identifies debtor:

(See instruction #3a) (see-instruction #3b) -----------------

Amount of arrearage and other charges, as of the time case was filed,4. Secured Claim (See instruction #4) included in secured claim, if any:Check the appropriate box if the claim is secured by a lien on property or a light ofsetoff, attach required redacted documents, and provide the requested information. $

Nature of property or right of setoff: oRcal Estate OMotor Vehicle oOther Basis for perfection:Describe:

Value of Property: $ Amount of Secured Claim: $

Annual Interest Rate ___ % OFixed or DValiable Amount Unsecured: s(when case was filed)

5. Amount of Claim Entitled to Priority under 11 U.S.C. § 507 (a). If any part of the claim falls into one of the following categories, check the box specifyingthe priority and state the amount. ':';-

o Domestic support obligations under II o Wages, salaries, or commissions (up to SI2,475*) XJ Contributions to anU.S.c. § 507 (a)(1 )(A) or (a)(1 )(B). earned within 180 days before the case was filed or the employee benefit plan -

debtor's business ceased, whichever is earlier- II U.S.c. § 507 (a)(5).II U.S.C. § 507 (a)(4). Amount entitled to priority:

o Up to $2,775* of deposits toward o Taxes or penalties owed to governmental units - o Other-Specify $ -l~

purchase, lease, or rental of property or II U.S.C. § 507 (a)(8). applicable paragraph ofservices for personal, family, or household II U.S.C. § 507 (a)U.use - II V.S.C. § 507 (a)(7).

"Amounts.are subject. to adjustment 011 4101116andevery 3 years thereafter with respect 10 cases commenced on or after the date oj adjustment.=

6. Credits. The amount of all payments on this claim has been credited for the purpose of making this proof of claim. (See instruction #6)

v

'''Ihis .as antrie$:b.in';l.tedarrount as final calculations of the liability have not yet been canpleted and an audit ofUDpalQcan butions haS not yet been conducted.

Case 15-31160-5-mcr Doc 362-1 Filed 11/16/15 Entered 11/16/15 17:28:06 Desc Exhibit Proof of Claim Form Page 1 of 3

BIO (Official Fonn 10) (04/13) 27. Documents: Attached are redacted copies of any documents that support the claim, such as promissory notes, purchase orders, invoices, itemized statements ofrunning accounts, contracts, judgments, mortgages, security agreements, or, in the case of a claim based on an open-end or revolving consumer credit agreement, astatement providing the information required by FRBP 3001 (c)(3)(A). If the claim is secured, box 4 has been completed, and redacted copies of documents providingevidence of perfection of a security interest are attached. If the claim is secured by the debtor's principal residence, the Mortgage Proof of Claim Attachment is beingfiled with this claim. (See instruction #7, Gild the definition of "redacted't.)

If the documents arc not available, please explain:

DO NOT SEND ORIGINAL DOCUMENTS. ATTACHED DOCUlvlliNTS MAY BE DESTROYED AFTER SCANNING.

8. Signature: (See instruction #8)

Check the appropriate box.

o I am the creditor. ~Iam the creditor's authorized agent. o I am the trustee, or the debtor,or their authorized agent.(See Bankruptcy Rule 3004.)

o I am ~ guarantor, surety, indorser, or other codebtor.(See Bankruptcy Rule 3005.)

I declare under penalty of perjury that the information provided in this claim is true and correct to the best.e e, information, and reasonable belief.

Print Name: Vmcent M. DeBellaTitle: ~TtomfI f~reeitorCompany:8raVa ,~reen & DeBella, LLt'Address and telephone number (if different from notice address above):

Telephone number: ernail:

Novanber 16, 2015(Date)(Signature)

Penalty/or presenting fraudulent claim: Fine of up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.c. §§ 152 and 3571.

INSTRUCTIONS FOR PROOF OF CLAIM FORMThe instructions and definitions below are general explanations of the law. 1/1 certain circumstances, such as bankruptcy cases 110tfiled voluntarily by the debtor,

exceptions to these general rules may apply.Items to be comoleted in Proof of Claim form

Court, Name of Debtor, and Case Number:Fill in the federal judicial district in which the bankruptcy case was filed (forexample, Central District of California), the debtor's full name, and the casenumber. If the creditor received a notice of the case from the bankruptcy court,all of this information is at the top of the notice.

Creditor's Name and Address:Fill in the name of rhe person or entity asserting a claim and the name andaddress of the person who should receive notices issued during the bankruptcycase. A separate space is provided for the payment address if it differs from thenotice address. The creditor has a continuing obligation to keep tile COUIt

informed of its current address. See Federal Rule of Bankruptcy Procedure(FRBP) 2002(g).

1. Amount of Claim as of Date Case Filed:State the total amount owed to the creditor on the date of the bankruptcy filing.Follow the instructions concerning whether to complete items 4 and 5. Checkthe box if interest or other charges are included in the claim.

2. Basis for Claim:State the type of debt or how it was incurred, Examples include goods sold,money loaned, services performed, personal injury/wrongful death, car loan,mortgage note, and credit card. If the claim is based on delivering health caregoods or services, limit the disclosure of the goods or services so as to avoidembarrassment or the disclosure of confidential health care information. Youmay be required to provide additional disclosure if an interested parry objects tothe claim.

3. Last Four Digits of Any Number by Which Creditor Identifies Debtor:State only the last four digits of the debtor's account or other 'number used by thecreditor to identify the debtor.

Ja, Debtor May Have Scheduled Account As:Report a change in the creditor's name, a transferred claim, or any otherinformation that clarifies a difference between this proof of claim and the claimas scheduled by the debtor.

3b. Uniform Claim Identifier:If you use a uniform claim identifier, you may report it here. A uniform claimidentifier is an optional 24-characrer identifier that certain large creditors use tofacilitate electronic payment in chapter J3 cases.

4, Secured Claim:Check whether the claim is fully or oartiallv secured. Skip this section if the

claim is entirely unsecured. (See Definitions.) If the claim is secured. check thebox for the nature and value of property that secures the claim, attach copies of liendocumentation, and state, as of the date of the bankruptcy filing, the annual interestrate (and whether it is fixed or variable), and the amount past due on the claim.

5. Amount of Claim Entitled to Priority Under 11 U,S.c. § 507 (a),If any portion of the claim falls into any category shown, check the appropriatebox(es) and state the amount entitled to priority. (See Definitions.) A claim maybe partly priority and partly non-priority. For example, in some of the categories,the law limits the amount entitled to priority.

6, Credits:An authorized signature on this proof of claim serves as an acknowledgment thatwhen calculating the.amount of the claim, the creditor gave the debtor credit forany payments received toward the debt.

7. Documents:Attach redacted copies of any documents that show the debt exists and a liensecures the debt. You must also attach copies of documents that evidence perfectionof any security interest and documents required by FRBP 3001(c) for claims basedon an open-end or revolving consumer credit agreement or secured by a securityinterest in the debtor's principal residence. You may also attach a summary inaddition to the documents themselves. FRBP 3001(c) and (d). If the claim is basedon delivering health care goods or services, limit disclosing confidential health careinformation. Do not send original documents, as attachments may be destroyedafter scanning.

8. Date and Signature:The individual completing this proof of claim must sign and date it. FRBP 90 II.If the claim is filed electronically, FRBP 5005(a)(2) authorizes courts to establishlocal rules specifying what constitutes a signature, If you sign this form, youdeclare under penalty of perjury that the information provided is true and correct tothe best of your knowledge, information, and reasonable belief. Your signature isalso a certification that the claim meets tile requirements of FRBP 9011(b).Whether the claim is filed electronically or in person, if your name is on thesignature line, you are responsible for the declaration. Print the name and title, ifany, of the creditor or other person authorized to file this claim. State the filer'saddress and telephone number if it differs from the address given on the top of theform for purposes of receiving notices. If the claim is filed by an authorized agent,provide both the name of the individual filing the claim and the name of the agent.If the authorized agent is a servicer, identify the corporate servicer as the company.Criminal penalties apply for making a false statement on a proof of claim.


BID (Official Form 10) (04/13) 3

____ DEFINITIONS _

DebtorA debtor is the person, corporation, or other entitythat has filed a bankruptcy case.

CreditorA creditor is a person, corporation, or other entity towhom debtor owes a debt that was incurred beforethe date of the bankruptcy filing. See II U.S.C.§101 (10).

ClaimA claim is the creditor's right to receive payment fora debt owed by the debtor on the date of thebankruptcy filing. See II U.S.C. §IOI (5). A claimmay be secured or unsecured.

Proof of ClaimA proof of claim is a form used by the creditor toindicate the amount of the debt owed by the debtoron the date of the bankruptcy filing. The creditormust file the form with the clerk of the samebankruptcy COUltin which the bankruptcy case wasfiled.

Secured Claim Under 11 U.S.C. § 506 (a)A secured claim is one backed by a lien on propertyof the debtor. The claim is secured so long as thecreditor has the light to be paid from the propertyprior to other creditors. The amount of the securedclaim cannot exceed the value of the property. Anyamount owed to the creditor in excess of the value ofthe property is an unsecured claim. Examples ofliens on property include a mortgage on real estate ora security interest in a car. A lien may be voluntarilygranted by a debtor or may be obtained through aCOUltproceeding. In some states, a court judgment isa lien.

A claim also may be secured if the creditor owes thedebtor money (has a right to setoff).

Unsecured ClaimAn unsecured claim is one that does not meet therequirements of a secured claim. A claim may bepartly unsecured if the amount of the claim exceedsthe value of the property on which the creditor has alien.

Claim Entitled to Priority Under 11 V.S.C. § 507(a)Priority claims are certain categories of unsecuredclaims that are paid from the available money orproperty in a bankruptcy case before other unsecuredclaims.

RedactedA document has been redacted when the person filingit has masked, edited out, or otherwise deleted,certain information. A creditor must show only thelast four digits of any social-security, individual'stax-identification, or financial-account number, onlythe initials of a minor's name, and only the year ofany person's date of birth. If the claim is based on thedelivery of health care goods or services, limit thedisclosure of the goods or services so as to avoidembarrassment or the disclosure of confidentialhealth care information.

Evidence of PerfectionEvidence of perfection may include a mortgage, lien,certificate of title, financing statement, or otherdocument showing that the lien has been filed orrecorded.

__ INFORMATION __

Acknowledgment of Filing of ClaimTo receive acknowledgment of your filing, you mayeither enclose a stamped self-addressed enveJope anda copy of this proof of claim or you may access thecourt's PACER system(www.pacer.psc.usconrt.s.r.:ov) for a small fee to viewyour filed proof of claim.

Offers to Purchase a ClaimCertain entities are in the business of purchasingclaims for an amount less than the face value of theclaims. One or more of these entities may contact thecreditor and offer to purchase the claim. Some of thewritten communications from these entities mayeasily be confused with official court documentationor communications from the debtor. These entitiesdo not represent the bankruptcy court or the debtor.The creditor has no obligation to sell its claim.However, if the creditor decides to sell its claim, anytransfer of such claim is subject to FRBP 300 I (e),any applicable provisions of the Bankruptcy Code(II U.S.c. § 101 et seq.), and any applicable ordersof the bankruptcy court.


//~ onzonActuarial Services. LLC

8601 Georgia Avenue Suite 700Silver Spring, MD 20910240.247.4600 phone240.247.4601 fax

November 10,2015

Mr. Kenneth R. StilwellExecutive AdministratorNew York State Teamsters Conference

Pension & Retirement FundPost Office Box 4928Syracuse, NY 13221-4928

Re: Coyne Textile Services, Inc.Employer Withdrawal Liability

Dear Ken:

As you requested, we have calculated the Employer Withdrawal Liability for the aboveemployer. The results of our calculations are as follows:

1. Date of Withdrawal:2, Employer Withdrawal Liability prior to De Minimis Reduction

and prior to Allocable Share of Affected Benefits: $3. De Minimis Reduction:4. Net Employer Withdrawal Liability prior to Allocable Share of

Affected Benefits Before Reflecting Credit for Prior Partial Withdrawal:5. Credit for Prior Partial Withdrawal:6. Net Employer Withdrawal Liability prior to Allocable Share

of Affected Benefits:7. Allocable Share of Affected Benefits:8. Net Employer Withdrawal Liability: $

Under Section 4219(c)(1)(C)(i) of ERISA, a withdrawingEmployer is required to pay this liability at an annual rate of:

I

The Board of Trustees of the Fund has adopted rules, inaccordance with Section 4219(c)(3), which allow thewithdrawing Employer to satisfy each annual paymentobligation by paying monthly installments in the amount of:

U:\NYSlI WITHDRWL\15EWL ]BGC OldER\Letter _ w Pmts SL

."'~~" Atlanta Cleveland Los Angeles Miami Washington, D.C.

October 30,2015

4,511,218.180.00

4,511,218.180.00

4,511,218.18341,699.76

4,852,917.94

$ 156,517.18

$13,076.68

Case 15-31160-5-mcr Doc 362-2 Filed 11/16/15 Entered 11/16/15 17:28:06 Desc Attachment to Proof of Claim Page 1 of 14

Mr. Kenneth R. StilwellNovember 10, 2015Page 2

To pay the full liability plus interest at this rate, paymentswill be required for a period of 240 months, with a furtherfinal payment of: $

We have enclosed exhibits showing the details of our calculations. If you have any questionsor comments, please do not hesitate to call.

Sincerely,

~~James M. Locey, M.A.A.A.Consulting Actuary

Robert B. Sherwood, Jr.Senior Consultant

Enclosures

cc: Vincent M. DeBella, Esquire (wi encl.)

U:\NYST\WITHDRWL\15EWL]BGC OldER\Letter_w]mts SL


NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUNDCALCULATION OF EMPLOYER WITHDRAWAL LIABILITY IN THE OLD EMPLOYER POOL

Coyne Textile Services, Inc.Complete Withdrawal in 2015

[CALCULA nON WORKSHEET]

(I) Initial year unfunded vested benefits(a) December 31, 2006 unfunded vested benefits(b) Value of outstanding claims for withdrawal

liability that can reasonably be expected tobe collected from employers who withdrewon or before December 31, 2006, as ofDecember 31, 2006

(c) Net unfunded vested benefits = (a) - (b)(d) Unamortized amount as of

(i) December 31, 2006 = 100% of (c)(ii) December31,2007=95%of(c)(iii) December 31, 2008 = 90% of (c)(iv) December 31,2009 = 85% of (c)(v) December31,2010=80%of(c)(vi) December 31, 2011 = 75% of (c)(vii) December3I,2012=70%of(c)(viii) December3l,2013=65%of(c)(ix) December 31,2014 = 60% of (c)

(2) Required contributions by withdrawn employer to the plan2002 $ 62,562.002003 63,495.002004 62,540.002005 64,432.002006 79,190.00Total

(3) Contributions made by all employers to the plan(a) Contributions made by all employers

2002 $ 79,785,357.002003 80,295,216.002004 84,799,558.002005 95,562,410.002006 95,523,862.00Total

(b) Contributions made by employers whowithdrew prior to January 1,2007

2002 _$"-- 6,..:,5"'0:::;1.:.,,0,:.-58:-'."'00:-2003 1,958,611.002004 1,108,285.002005 705,939.002006 96,898.00Total

(c) Contributions made to funds merged on or beforeJanuary I, 2007

(d) Net contributions = (3)(a) - (3)(b) + (3)(c)

(4) Employer's allocable share of (I) = (I)(d)(ix) x (2) / (3)(d)

U,\NYS1\\V1THDRWLI15EWL_PBGC OldER \ Calc

$ 681,971,473.00

52 864,231.71629,107,241.29

629,107,241.29

597,651,879.23566,196,517.16534,741,155.10503,285,793.03471,830,430.97440,375,068.90408,919,706.84

$ 377,464,344.77

$ 332,219.00

$ 435,966,403.00

$ 10,370,791.00

$ 1,363,525.00

$ 426,959,137.00

$ 293,706.86

Page I

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[CALCULATION WORKSHEET]

(5) Change in unfunded vested benefits during 2007(a) December 31. 2007 unfunded vested benefits(b) Value of outstanding claims for withdrawal


(c) Net unfunded vested benefits = (a) - (b)(d) Change in unfunded vested benefits during 2007

= (c) - (l)(d(ii))(e) Unamortized amount as of

(i) December 31, 2007 = 100% of (d)(ii) December 31,2008 = 95% of (d)(iii) December 31,2009 = 90% of (d)(iv) December 31, 2010 = 85% of (d)(v) December 31, 2011 = 80% of (d)(vi) December 31,2012 = 75% of (d)(vii) December 31,2013 = 70% of (d)(viii) December 31, 2014 = 65% of (d)

(6) Unfunded vested benefits determined to be uncollectibleor unassessable in 2007

(a) Original amount(b) Unamortized amount as of

(i) December31,2007= 100% of (a)(ii) December 31, 2008 = 95% of (a)(iii) December 31, 2009 =90% of (a)(iv) December 31, 2010 = 85% of (a)(v) December 31,2011 = 80% of (a)(vi) December 31,2012 = 75% of (a)(vii) December 31, 2013 = 70% of (a)(viii) December 31, 2014 = 65% of (a)

(7) Required contributions by withdrawn employer to the plan

2003 $ 63,495.002004 62,540.002005 64,432.002006 79,190.002007 85,952.00Total


2003 $ 80,295,216.002004 84,799,558.002005 95,562,410.002006 95,523,862.002007 101,062,928.00Total

(b) Contributions made by employers whowithdrew prior to January I, 2008

2003 $ 2,920,405.002004 --'------2,-'-,0-6-9'-,4-42,-.0.:...0-

2005 1,706,110.002006 846,625.002007 243,049.00Total

(c) Contributions made to funds merged on or beforeJanuary 1,2007 excluding contributions of employerswho had withdrawn before January I, 2007


$ 711 ,002,507.00

51,939,793.00659,062,714.00

61,410,834.77

61,410,834.7758,340,293.0355,269,751.2952,199,209.5549,128,667.8246,058,126.0842,987,584.34

502,213.00

502,213.00477,102.35451,991,70426,88\.05401,770.40376,659.75351,549.10

(9) Employer's allocable share of(5) and (6) = «5)(e)(viii) + (6)(b)(viii)) x (7) I (8)(d)

U:\NYST\WITHDRWL\I5EWL]BGC OldER \ Calc

39,917,042.60

s 326,438.45

s 355,609.00

$ 457,243,974.00

$ 7,785,63\.00

$ 674,257.00

$ 450,132,600.00

$ 31,792.73

Page 2

f iorrzor:




[CALCUIATION WORKSHEET]

(10) Change in unfunded vested benefits during 2008(a) December 31,2008 unfunded vested benefits(b) Value of outstanding claims for withdrawal

liability that can reasonably be expected tobe collected from employers who withdrew

on or before December 31, 2006, as ofDecember 31, 2008


= (c) - (I)(d)(iii) - (5)(e)(ii)(e) Unamortized amount as of

(i) December31, 2008 = 100% of (d)(ii) December 31, 2009 = 95% of (d)(iii) December 31, 20 10 = 90% of (d)(iv) December 31, 2011 =85%of(d)(v) December31, 2012 = 80% of (d)(vi) December 31,2013 = 75% of (d)(vii) December 31, 2014 = 70% of (d)

(II) Unfunded vested benefits determined to be uncollectibleor unassessable in 2008


(i) December 31, 2008 = 100% of (a)(ii) December 31, 2009 = 95% of (a)(iii) December 31, 2010 = 90% of (a)(iv) December 31, 2011 =85%of(a)(v) December31, 2012 = 80% of (a)(vi) December 31, 2013 = 75% of (a)(vii) December 31, 2014 = 70% of (a)



2004 $ 84,799,558.002005 95,562,410.002006 95,523,862.002007 10 I ,062,928.002008 100,561,000.00Total


2004 _$'-- 2,.:.,2".,8"'8"-',0"-,9c-1..,.,00'-2005 1,923,248.002006 1,053,176.002007 444,930.002008 55,579.00Total

(c) Contributions made to funds merged on or beforeJanuary I, 2007 excluding contributions of employerswho had withdrawn before January I, 2007

$ 1,315,060,862.00

$ 459,391,100.57

$ 9,889,299.70

34251,051.00

1,280,809,811.00

656,273,000.81

656,273,000.81623,459,350.77590,645,700.73557,832,050.69525,018,400.65492,204,750.61

14,127,571.00

14,127,571.0013,421,192.45

12,714,813.9012,008,435.3511,302,056.8010,595,678.25

$ 382,690.00

$ 477,509,758.00

$ 5,765,024.00

$ 457,491.00

(d) Net contributions = (13)(a) - (13)(b) + (13)(c) $ 472,202,225.00

(14) Employer's allocable share of(IO) and (11) = «IO)(e)(vii) + (ll)(b)(vii» x (12) I (13)(d) $ 380,322.05

U;\NYSlIW1THDRWL\lSEWL]BGC OidER \ Calc

Page 3Case 15-31160-5-mcr Doc 362-2 Filed 11/16/15 Entered 11/16/15 17:28:06 Desc

Attachment to Proof of Claim Page 5 of 14




(15) Change in unfunded vested benefits during 2009(a) December 31, 2009 unfunded vested benefits $ 3,052,823,764.00(b) Value of outstanding claims for withdrawal

liability that can reasonably be expected tobe collected from employers who withdrewon or before December 31, 2006, as ofDecember 31, 2009 31,444,228.00

(c) Net unfunded vested benefits = (a) - (b) 3,021,379,536.00(d) Change in unfunded vested benefits during 2009

= (c) - (I)(d)(iv) - (5)(e)(iii) - (1O)(e)(ii) 1,807,909,278.84(e) Unamortized amount as of

(i) December 31, 2009 = 100% of (d) 1,807,909,278.84(ii) December31,2010=95%of(d) 1,717,513,814.90(iii) December 31, 2011 = 90% of (d) 1,627,118,350.96(iv) December 31,2012 = 85% of (d) 1,536,722,887.01(v) December31,2013=80%of(d) 1,446,327,423.07(vi) December 31,2014 = 75% of (d) $ 1,355,931,959.13


(a) Original amount 908,260.00(b) Unamortized amount as of

(i) December 31, 2009 = 100% of (a) 908,260.00(ii) December 31, 2010 = 95% of (a) 862,847.00(iii) December 31,2011 = 90% of (a) 817,434.00(iv) December 31, 2012 = 85% of (a) 772,021.00

(v) December 31, 2013 = 80% of (a) 726,608.00(vi) December 31, 2014 = 75% of (a) $ 681,195.00

(17) Required contributions by withdrawn employer to the plan2005 $ 64,432.002006 79,190.002007 85,952.002008 90,576.002009 96,455.00Total $ 416,605.00

(18) Contributions made by all employers to the plan<a) Contributions made by all employers

2005 s 95,562,410.002006 95,523,862.002007 10 1,062,928.002008 100,561,000.002009 85,925,231.00Total $ 478,635,431.00

(b) Contributions made by employers whowithdrew prior to January I, 20 I 0

2005 $ 2,289,547.002006 1,419,740.002007 780,946.002008 371,731.00

2009 21,157.00Total $ 4,883,121.00

(c) Contributions made to funds merged on or beforeJanuary 1, 2007 excluding contributions of employerswho had withdrawn before January I, 2007 $ 228,169.00

(d) Net contributions = (18)(a) - (18)(b) + (18)(c) $ 473,980,479.00

(19) Employer's allocable share of (15) and (16) = «15)(e)(vi) + (l6)(b)(vi» x (17) I (l8)(d) $ 1,192,394.73

U;\NYST\WITHDRWL\lSEWL]BGC OldER \ Calc

Page 4

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(20) Change in unfunded vested benefits during 2010(a) December 31,2010 unfunded vested benefits(b) Value of outstanding claims for withdrawal

liability that can reasonably be expected tobe collected from employers who withdrewon or before December 31, 2006, as ofDecember 31,20 I0


= (c) - (I)(d)(v) - (5)(e)(iv) - (IO)(e)(iii) - (I5)(e)(ii)(e) Unamortized amount as of

(i) December 31, 2010= 100% of (d)(ii) December31,2011 =95%of(d)(iii) December 31, 2012 = 90% of (d)(iv) December 31, 2013 = 85% of (d)(v) December 31, 2014 = 80% of (d)

(21) Unfunded vested benefits determined to be uncollectibleor unassessable in 20 I 0


(i) December 31,2010 = 100% of (a)(ii) December 31,2011 = 95% of (a)(iii) December 31, 2012 = 90% of (a)(iv) December 31, 2013 = 85% of (a)(v) December 31, 2014 = 80% of (a)



2006 $ 95,523,862.002007 10 I ,062,928 .002008 100,561,000.002009 85,925,231.002010 84,143,227.00Total

(b) Contributions made by employers whowithdrew prior to January I, 20 II

2006 s 4,573,028.002007 ------3:-'-,9,..,3-,-1'-,9-32-.0,..,0-

2008 3,351,951.002009 2,222,707.002010 852,745.00Total

(c) Contributions made to funds merged on or beforeJanuary 1,2007 excluding contributions of employerswho had withdrawn before January 1,2007


$ 3,627,153,798.00

29,349,102.00

3,597,804,696.00

734,160,177.79

734,160,177.79697,452,168.90660,744,160.01624,036,151.12

41,484,782.54

41,484,782.5439,410,543.4137,336,304.2935,262,065.16

(24) Employer's allocable share 0£(20) and (21) = «20)(e)(v) + (21)(b)(v)) x (22) / (23)(d)

U:\NYS1\WITHDRWL\15EWL]BGC OldER \ Calc

$ 587,328,142.23

$ 33,187,826.03

$ 445,321.00

$ 467,216,248.00

$ 14,932,363.00

$

$ 452,283,885.00

$ 610,963.16

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[CALCULATION WORKSHEET)

(25) Change in unfunded vested benefits during 20 II(a) December 31, 20 II unfunded vested benefits $ 3,741,095,051.00(b) Value of outstanding claims for withdrawal

liability that can reasonably be expected tobe collected from employers who withdrewon or before December 31, 2006, as ofDecember 31,20 II 20 990 029.00

(c) Net unfunded vested benefits ~ (a) - (b) 3,720,105,022.00(d) Change in unfunded vested benefits during 20 II

~ (c) - (I)(d)(vi) - (5)(e)(v) - (lO)(e)(iv) - (15)(e)(iii) 316,743,352.66- (20)(e)(ii)

(e) Unamortized amount as of(i) December 31, 2011 ~ 100% of (d) 316,743,352.66(ii) December 31, 2012 ~ 95% of (d) 300,906,185.03(iii) December 31, 2013 ~ 90% of (d) 285,069,017.39(iv) December 31, 2014 ~ 85% of (d) $ 269,231,849.76

(26) Unfunded vested benefits determined to be uncollectibleor unassessable in 20 II

(a) Original amount 75,911,896.99(b) Unamortized amount as of

(i) December 31, 2011 ~ 100% of (a) 75,911,896.99(ii) December 31, 2012 ~ 95% of (a) 72,116,302.14(iii) December 31, 2013 ~ 90% of (a) 68,320,707.29(iv) December 31, 2014 ~ 85% of (a) $ 64,525,112.44



2007 $ 101,062,928.002008 100,561,000.002009 85,925,231.002010 84,143,227.002011 92,460,256.00Total $ 464,152,642.00


2007 $ 5,415,506.002008 4,786,076.002009 3,521,758.002010 2,131,083.002011 518,397.00Total $ 16,372,820.00

(c) Contributions made to funds merged on or beforeJanuary 1,2007 excluding contributions of employerswho had withdrawn before January I, 2007 $

(d) Net contributions ~ (28)(a) - (28)(b) + (28)(c) $ 447,779,822.00

(29) Employer's allocable share of(25) and (26) ~ ((25)(e)(iv) + (26)(b)(iv» x (27) / (28)(d) $ 363,600.55

U:\NYsnWITHDRWL\lSE'WL]BGC OldER \ Calc

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liability that can reasonably be expected tobe collected from employers who withdrewon or before December 31, 2006, as ofDecember 31,2012 226,272.00

(c) Net unfunded vested benefits ~ (a). (b) 4,512,843,532.00(d) Change in unfunded vested benefits during 2012

~ (c). (I)(d)(vii) - (5)(e)(vi) - (lO)(e)(v)· (15)(e)(iv) 1,003,018,704.32. (20)(e)(iii) - (25)(e)(ii)

(e) Unamortized amount as of(i) December31,2012~ 100% of (d) 1,003,018,704.32(ii) December 31, 2013 ~ 95% of (d) 952,867,769.10(iii) December 31, 2014 ~ 90% of (d) $ 902,716,833.89


(a) Original amount 21,124,384.10(b) Unamortized amount as of

(i) December 31, 2012 ~ 100% of (a) 21,124,384.10(ii) December 31, 2013 ~ 95% of (a) 20,068,164.90(iii) December 31, 2014 ~ 90% of (a) $ 19,011,945.69



2008 $ 100,561,000.002009 85,925,231.002010 84,143,227.002011 92,460,256.002012 101,176,567.00Total s 464,266,281.00


2008 $ 5,163,192.002009 3,887,645.002010 2,511,752.002011 748,876.002012 18,296.00Total $ 12,329,761.00

(c) Contributions made to funds merged on or beforeJanuary I, 2007 excluding contributions of employerswho had withdrawn before January I, 2007 $

(d) Net contributions = (33)(a) . (33)(b) + (33)(c) $ 451,936,520.00

(34) Employer's allocable share of (30) and (31) = «30)(e)(iii) + (31)(b)(iii)) x (32) / (33)(d) $ 1,068,166.53

U:\NYSTIWITHDRWL\J5EWL]BGC OldER \ Calc

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liability that can reasonably be expected tobe collected from employers who withdrewon or before December 31, 2006, as ofDecember 31, 2013 145339.00

(c) Net unfunded vested benefits ~ (a) - (b) 4,542,536,727.00(d) Change in unfunded vested benefits during 20 13

~ (c) - (l)(d)(viii) - (5)(e)(vii) - (lO)(e)(vi) - (l5)(e)(v) 290,124,324.53

- (20)(e)(iv) - (25)(e)(iii) - (30)(e)(ii)(e) Unamortized amount as of

(i) December 31, 2013 ~ 100% of (d) s 290,124,324.53(ii) December 31, 2014 ~ 95% of (d) $ 275,618,108.30


(a) Original amount 40,918,987.49

(b) Unamortized amount as of(i) December31,2013~ 100% of (a) $ 40,918,987.49(ii) December 31, 2014 ee 95% of (a) $ 38,873,038.12

(37) Required contributions by withdrawn employer to the plan2009 $ 96.455.00

2010 93,148.002011 121,688.002012 121,870.002013 122,900.00Total $ 556,061.00


2009 $ 85,925,231.002010 84,143,227.0020 II 92,460,256.002012 101,176,567.002013 108,193,683.00Total $ 471,898,964.00


2009 $ 4,164,208.002010 ------2c'-,7::-:9",4.:..,,2.,-1,-1.0::-:0,-

2011 1,041,410.002012 319,580.002013 237,972.00Total 8,557,381.00$

(c) Contribu tions made to funds merged on or beforeJanuary I, 2007 excluding contributions of employerswho had withdrawn before January 1,2007 $

(d) Net contributions= (38)(a) - (38)(b) + (38)(c) $ 463,341,583.00

(39) Employer's allocable share of(35) and (36) ~ ((35)(e)(ii) + (36)(b)(ii» x (37) I (38)(d) $ 377,424.06

U:\NYSTIWITHDRWL\JSEWL]BGC OldER \ Calc

Page 8Case 15-31160-5-mcr Doc 362-2 Filed 11/16/15 Entered 11/16/15 17:28:06 Desc

Attachment to Proof of Claim Page 10 of 14

NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUNDCALCULA nON OF EMPLOYER WITHDRAWAL LIABILITY IN THE OLD EMPLOYER POOL



(40) Change in unfunded vested benefits during 2014(a) December 31, 2014 unfunded vested benefits $(b) Value of outstanding claims for withdrawal


(c) Net unfunded vested benefits ~ (a) - (b)(d) Change in unfunded vested benefits during 20 14

~ (c) - (I)(d)(ix) - (5)(e)(viii) - (IO)(e)(vii) - (15)(e)(vi)- (20)(e)(v) - (25)(e)(iv) - (30)(e)(iii) - (35)(e)(ii)

(e) Unamortized amount as of(i) December 31, 2014 ~ 100% of (d)

(41) Unfunded vested benefits determined to be uncollectibleor unassessable in 20 14


(i) December31,2014~ 100% of (a)



2010 $ 84,143,227.002011 92,460,256.002012 101,176,567.002013 108,193,683.002014 108,582,013.00Total

(b) Contributions made by employers whowithdrew prior to January 1,20 IS

2010 _$~ 7~,2~7~7~,475~1.0~0~20 II 6,222,584.002012 6,111,578.002013 5,816,530.002014 311,183.00Total

(c) Contributions made to funds merged on or beforeJanuary 1,2007 excluding contributions of employerswho had withdrawn before January I, 2007

(d) Net contributions ~ (43)(a) - (43)(b) + (43)(c)

4,369,052,950.00

94,411.00

4,368,958,539.00

101,359,157.75

52,041,545.14

(44) Employer's allocable share of (40) and (41) ~ «40)(e)(i) + (41)(b)(i)) x (42) / (43)(d)

U:\NYST\WITHDRWL\ISEWL]BGCOldER\ Calc

$ 101,359,157.75

$ 52,041,545.14

$ 589,372.00

$ 494,555,746.00

$ 25,739,326.00

$

$ 468,816,420.00

$ 192,847.51

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[CALCULATION WORKSHEET)

(45) Total withdrawal liability before allocable share of Affected Benefits= (4) + (9) + (14) + (19) + (24) + (29) + (34) + (39) + (44)

(46) De Minimis Reduction

(a) Excess liability = (45) - $100,000, but not lessthan zero

(b) Actual de minimis = lesser of$50,000 and .75% of unfundedvested benefits shown in (40)(a), minus (46)(a), butnot less than zero

(47) Net withdrawal liability before allocable share of Affected Benefits, before reflectingcredit for prior partial withdrawal = (45) - (46)(b), but not less than zero

(48) Credit for prior partial withdrawal liability

(49) Net withdrawal liability before allocable share of Affected Benefits= (47) - (48), but not less than zero

(50) Unamortized Affected Benefits Base as of December 31, 2014

(51) Required contributions by withdrawn employer to the plan in the 5 yearspreceeding withdrawal = (42)

(52) Net contributions to the plan in the 5 years preceeding withdrawal = (43)(d)

(53) Employer's allocable share of (50) = (50) x (51) / (52)

(54) Total withdrawal liability including allocable share of Affected Benefits= (49) + (53)

U:INYS1\WITHDRWLIISEWL]BGCOldER \ Calc

$ 4,511,218.18

$ 4,411,218.18

$

$ 4,511,218.18

$ 4,511,218.18

s 271,805,341.00

$ 589,372.00

s 468,816,420.00

$ 341,699.76

$ 4,852,917.94

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[DETERMINATION OF PAYMENT SCHEDULE]

(1) Employer contribution history:

Year20052006200720082009201020112012201320142015

(2) Average base units for highest 3 consecutive yearsduring 10 years preceding January 1, 2015

BaseUnits

28,920.0032,336.0033,056.0035,320.0036,648.0032,760.0041,124.0039,040.0037,648.0037,960.00NIA

3-Year AveBase Units

NIANIA

31,437.3333,570.6735,008.0034,909.3336,844.0037,641.3339,270.6738,216.00NIA

39,270.67

(3) Highest contribution rate in 10 years ending in year of withdrawal

(4) Required annual payment = (2) x (3)

(5) Withdrawal liability after de minimis

(6) Amortization factor = (5) / (4)

(7) Number of annual payments based on (6),assuming 3.10% interest rate

(8) Cumulative factor at 3.10% interest ratefor number of years in (7)

..,,--·~"'~::tr:'lNYST\WITHDRWL\15EWL]BGC OldER \ Pymt

3.9856

$ 156,517.18

$ 4,852,917.94

31.005657

88.00

455.011345

ContributionRateNIA

2.65002.80002.80003.09003.25003.41003.58003.76003.98563.9856

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[DETERMINATION OF PAYMENT SCHEDULE]

(9) Final annual payment:(a) Withdrawal liability with interest =

(5) x {1.0310 to the power of(7)}(b) Annual payments with interest = (4) x (8)

(c) Total annual payment in last year =

(a) - (b), but not less than zero

(10) Quarterly Payment Schedule:(a) Quarterly payment = (4) 14(b) Number of full quarterly payments in final

year = (9)(c) 1 (lO)(a)(c) Final quarterly payment = (9)(c) - (10)(a) x (10)(b)

(d) Number of full quarterly payments= 4 x (7) + (10)(b)

(11) Monthly Payment Schedule:

(a) Monthly payment = (lO)(a) amortized over 3 months

(b) Calculate the amount ofthe last monthly payment:

Beginning of

Month Balance$29,728.6716,694.903,627.54

Beginning of

Month Payment$13,076.6813,076.683,627.54

$

$71,246,821.26

71,217,092.59

$ 29,728.67

$ 39,129.30

$$ 29,728.67

$ 352.00

$13,076.68 IBalance After

Payment$16,651.99

3,618.220.00

Interest to

End of Month$42.91

9.320.00

Amount of final monthly payment if number of full monthly payments is less than 240 ,_$ ----'(c) Number of full monthly payments = 3 x (10)( d)

+ number of complete months shown in (l1)(b) (not more than 240) 240 I(12) Basis for interest factor Annual rate

Quarterly rateMonthly rate

'''-~~\NYST\WITHDRWL\15EWLYBGC OldER \ Pymt

(Valuation rate)(Simple)(Compound)

3.1000%0.7750%0.2577%
