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BERKSHIRE HATHAWAY

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Notes to Consolidated Financial Statements (Continued)<br />

(20) Pension plans (Continued)<br />

The net funded status of the defined benefit pension plans is summarized in the table that follows (in millions).<br />

December 31,<br />

2012 2011<br />

Amounts recognized in the Consolidated Balance Sheets:<br />

Accounts payable, accruals and other liabilities .............................................. $3,441 $3,686<br />

Losses and loss adjustment expenses ...................................................... 256 214<br />

Other assets .......................................................................... (60) (58)<br />

$3,637 $3,842<br />

A reconciliation of the pre-tax accumulated other comprehensive income (loss) related to defined benefit pension plans for<br />

each of the two years ending December 31, 2012 follows (in millions). We estimate that $221 million of the balance at<br />

December 31, 2012 will be included in pension expense in 2013.<br />

2012 2011<br />

Balance at beginning of year ............................................................... $(2,521) $(1,395)<br />

Amount included in net periodic pension expense ........................................... 130 76<br />

Gains (losses) current period and other ................................................... (125) (1,202)<br />

Balance at end of year .................................................................... $(2,516) $(2,521)<br />

Weighted average interest rate assumptions used in determining projected benefit obligations and net periodic pension<br />

expense were as follows.<br />

2012 2011<br />

Applicable to pension benefit obligations:<br />

Discount rate .............................................................................. 4.0% 4.6%<br />

Expected long-term rate of return on plan assets .................................................. 6.6 6.9<br />

Rate of compensation increase ................................................................ 3.6 3.7<br />

Discount rate applicable to pension expense ......................................................... 4.5 5.3<br />

Several of our subsidiaries also sponsor defined contribution retirement plans, such as 401(k) or profit sharing plans.<br />

Employee contributions to the plans are subject to regulatory limitations and the specific plan provisions. Several of the plans<br />

provide that the subsidiary match these contributions up to levels specified in the plans and provide for additional discretionary<br />

contributions as determined by management. Employer contributions expensed with respect to these plans were $637 million,<br />

$572 million and $567 million for the years ending December 31, 2012, 2011 and 2010, respectively.<br />

(21) Contingencies and Commitments<br />

We are parties in a variety of legal actions arising out of the normal course of business. In particular, such legal actions<br />

affect our insurance and reinsurance businesses. Such litigation generally seeks to establish liability directly through insurance<br />

contracts or indirectly through reinsurance contracts issued by Berkshire subsidiaries. Plaintiffs occasionally seek punitive or<br />

exemplary damages. We do not believe that such normal and routine litigation will have a material effect on our financial<br />

condition or results of operations. Berkshire and certain of its subsidiaries are also involved in other kinds of legal actions, some<br />

of which assert or may assert claims or seek to impose fines and penalties. We believe that any liability that may arise as a result<br />

of other pending legal actions will not have a material effect on our consolidated financial condition or results of operations.<br />

On February 13, 2013, Berkshire and an affiliate of the global investment firm 3G Capital (“3G”), through a newly formed<br />

holding company (“Holdco”) entered into a definitive merger agreement to acquire H.J. Heinz Company (“Heinz”). Under the<br />

terms of the agreement, Heinz shareholders will receive $72.50 in cash for each outstanding share of common stock<br />

(approximately $23.25 billion in the aggregate.) Berkshire and 3G have committed to make equity investments in Holdco,<br />

which together with debt financing to be obtained by Holdco will be used to acquire Heinz. Berkshire’s commitment is for the<br />

purchase of $4.12 billion of Holdco common stock and $8 billion of its preferred stock that will pay a 9% dividend. 3G has<br />

committed to purchase $4.12 billion of Holdco common stock. Berkshire and 3G will each possess a 50% voting interest in<br />

59

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