Retirement Savings Plan
coty retirement savings plan - Schwab Retirement Plan Services, Inc.
coty retirement savings plan - Schwab Retirement Plan Services, Inc.
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Effective January 1, 2008<br />
<strong>Retirement</strong> <strong>Savings</strong> <strong>Plan</strong><br />
Summary <strong>Plan</strong> Description
TABLE OF CONTENTS<br />
Section<br />
Page No.<br />
I. Introduction .......................................................................................................................... 3<br />
II. Eligibility, Enrollment And Participation................................................................................ 5<br />
III. Designating Beneficiaries ................................................................................................... 6<br />
IV. How Much You Can Contribute – Employee Contributions.................................................. 7<br />
V. How Much The Company Contributes – Employer Contributions ........................................ 9<br />
VI. Limitations On Contributions .............................................................................................. 10<br />
VII. Investment Choices ............................................................................................................ 11<br />
VIII. How Your Account Can Grow............................................................................................. 12<br />
IX. What You Should Know About Vesting .............................................................................. 13<br />
X. What You Can Withdraw While Working ............................................................................ 15<br />
XI. How Loans Are Made ......................................................................................................... 17<br />
XII. How You Will Receive Your Money.................................................................................... 19<br />
XIII. When You Will Pay Taxes .................................................................................................. 21<br />
XIV. Claims Procedure................................................................................................................ 25<br />
XV. Administration Of The <strong>Plan</strong> ................................................................................................. 27<br />
XVI. <strong>Plan</strong> Information .................................................................................................................. 29<br />
XVII. Statement Of ERISA Rights – Your Rights Under Federal Law.......................................... 30<br />
2
COTY RETIREMENT SAVINGS PLAN<br />
SUMMARY PLAN DESCRIPTION<br />
I. INTRODUCTION<br />
This summary plan description (“SPD”) attempts to answer the most frequently asked questions<br />
about the Coty <strong>Retirement</strong> <strong>Savings</strong> <strong>Plan</strong> (the “<strong>Plan</strong>”). On the following pages of this SPD, you will<br />
find valuable information describing the main features of the <strong>Plan</strong>, including:<br />
• when you are eligible to participate;<br />
• how much you can contribute;<br />
• how much Coty contributes;<br />
• your investment opportunities;<br />
• taxation of distributions; and<br />
• access to your money.<br />
Please preserve this SPD and refer to it as questions occur to you. It is intended to comply with<br />
the requirements of the federal law governing employee pension plans in the private sector – the<br />
Employee <strong>Retirement</strong> Income Security Act of 1974, as amended – known as “ERISA.”<br />
The <strong>Plan</strong> is intended to be a tax-qualified plan under the Internal Revenue Code (the “Code”) and<br />
has been approved as such by the Internal Revenue Service. It is possible that the Internal<br />
Revenue Service or changing federal tax law will require certain revisions to the <strong>Plan</strong>. If so, we<br />
will notify you of any changes that are significant. This SPD is also intended to comply with the<br />
informational and disclosure requirements of ERISA.<br />
This SPD is not the <strong>Plan</strong> itself, but it is designed to describe the retirement benefits provided by<br />
the <strong>Plan</strong> as in effect on January 1, 2008 without going into all of the refinements and details set<br />
forth in the <strong>Plan</strong> document. Please remember that this SPD is only a summary of the <strong>Plan</strong>. As<br />
such, it is shorter and less technical than the <strong>Plan</strong> itself, which is the underlying legal document.<br />
It has been prepared with care, and effort has been made to describe accurately and<br />
understandably the principal provisions of the <strong>Plan</strong>. However, this SPD does not alter any of the<br />
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provisions of the <strong>Plan</strong>. IF THERE IS ANY DISCREPANCY BETWEEN THIS SPD AND THE<br />
PLAN OR WITH RESPECT TO ANY PROVISION NOT DESCRIBED IN THIS SPD, THE PLAN<br />
WILL CONTROL. In addition, the <strong>Plan</strong> Administrator has the authority, in the <strong>Plan</strong> Administrator’s<br />
sole discretion, to interpret the <strong>Plan</strong> and resolve ambiguities therein, to develop rules and<br />
regulations to carry out the provisions of the <strong>Plan</strong> and to make factual determinations. All<br />
interpretations and determinations made by the <strong>Plan</strong> Administrator pursuant to the <strong>Plan</strong><br />
Administrator’s authority will be final and binding on all the parties.<br />
The <strong>Plan</strong>, the funding vehicle documents (such as the Trust Agreement and/or annuity contracts),<br />
all amendments and riders to each, and other documents and records pertaining to the <strong>Plan</strong> may<br />
be examined by <strong>Plan</strong> participants, their beneficiaries, and their legal representatives during<br />
regular business hours or by appointment at a mutually convenient time in the office of the <strong>Plan</strong><br />
Administrator. Copies of the official <strong>Plan</strong> documents mentioned above may be obtained from the<br />
<strong>Plan</strong> Administrator, who may impose a reasonable charge for those copies.<br />
The <strong>Plan</strong> is designed to give you an important opportunity to gain extra financial security for you<br />
and your family. The <strong>Plan</strong> is for the benefit of eligible employees of Coty Inc. (“Coty” or the<br />
“Company”) and certain affiliated companies that have adopted the <strong>Plan</strong>. The purpose of the<br />
<strong>Plan</strong>, which is a “defined contribution plan,” is to help to all eligible employees build a financial<br />
reserve that is in addition to personal savings or the benefit provided by Social Security. The<br />
<strong>Plan</strong> can be a major part of the benefits provided to you by the Company.<br />
Through the <strong>Plan</strong>, you can save money regularly and watch it grow through Company-matching<br />
contributions and investment earnings. The Company also makes retirement contributions on<br />
your behalf, whether or not you elect to contribute to the <strong>Plan</strong>.<br />
The <strong>Plan</strong> enables you to take advantage of a favorable income tax arrangement. Under this<br />
arrangement, you make contributions through before-tax salary reduction. As a result, employee<br />
contributions go directly into the <strong>Plan</strong> before federal income taxes are taken out. In addition, your<br />
compensation, for federal income tax purposes, is lowered by the amount of your before-tax<br />
contributions so that your taxes are lowered too, although state and local taxes may apply in<br />
some cases. In addition to before-tax contributions, you may also make after-tax contributions to<br />
the <strong>Plan</strong>.<br />
Finally, as long as the money stays in the <strong>Plan</strong>, the investment earnings<br />
are not subject to federal income tax. Thus, the funds continue to grow<br />
on a tax-deferred basis until you receive a distribution from the <strong>Plan</strong>. At<br />
the time of a distribution from the <strong>Plan</strong>, you may be eligible for favorable<br />
tax treatment.<br />
Please take time to read the SPD carefully and share this information with<br />
your family. The more you know about your <strong>Plan</strong>, the more you can use it<br />
to your best advantage.<br />
4
II. ELIGIBILITY, ENROLLMENT AND PARTICIPATION<br />
Eligibility<br />
If you are employed as a common-law employee by the Company or one<br />
of its affiliated companies that have adopted the <strong>Plan</strong>, you are eligible to<br />
participate in the <strong>Plan</strong> on the first day of any payroll period that occurs on<br />
or after the date on which you have completed a “Year of Eligibility<br />
Service” (defined below).<br />
You are not eligible to participate in the <strong>Plan</strong> if:<br />
• You are not treated as an employee for payroll purposes -- for example, you are<br />
performing services as any kind of independent contractor or leased employee (if you<br />
should later be reclassified as an employee, your eligibility to participate in the <strong>Plan</strong><br />
will be measured from the actual date you are reclassified as an employee, not the<br />
effective date of such reclassification);<br />
• You are non-resident alien who receives no U.S. source of earned income;<br />
• You perform domestic household services in the personal residences of other<br />
employees of the Company; and<br />
• You are a member of a unit of employees covered by a collective bargaining<br />
agreement that does not provide for participation in the <strong>Plan</strong>.<br />
To complete a Year of Eligibility Service, you must have performed at least 1,000 “Hours of<br />
Service” with the Company (or certain affiliated employers) during the 12 consecutive month<br />
period beginning on your date of hire or any 12-month period following that date.<br />
In general, you will receive credit for an Hour of Service for each hour for<br />
which you are paid or entitled to payment, whether or not you are<br />
actually performing employment duties. However, if your payroll records<br />
are normally kept on other than an hourly basis, the <strong>Plan</strong> will use the<br />
following equivalencies to determine the Hours of Service to which you<br />
are entitled to be credited:<br />
Basis Upon Which<br />
Payroll Records are Maintained<br />
Shift<br />
Day<br />
Week<br />
Semi-Month<br />
Month<br />
Credit Granted<br />
Actual hours for full shift<br />
10 Hours of Service<br />
45 Hours of Service<br />
95 Hours of Service<br />
190 Hours of Service<br />
If you became an employee due to a sales transaction between Coty and another company, your<br />
service with that other company up to the date your service with Coty commences may count<br />
toward your eligibility service. See the <strong>Plan</strong> Administrator if you have prior service with such a<br />
company.<br />
5
In addition, you will also receive credit for each hour for which you would be paid during your<br />
customary work week if not for a period of “Qualified Military Service.” Qualified Military Service<br />
is any period of time for which you are absent for military service under leave granted by the<br />
Company or required by law, provided you return to employment while your right to<br />
reemployment is protected by law.<br />
Enrollment<br />
As soon as you are eligible to join, you will be notified and asked to enroll in<br />
the <strong>Plan</strong>. At this time, you will need to indicate:<br />
• how much you wish to contribute to the <strong>Plan</strong>;<br />
• the type of contributions you wish to make (before-tax, after-tax, or<br />
both);<br />
• how you want your money invested; and<br />
• the name of the beneficiary who is to receive benefits in the event of your death. If<br />
you are married and you want to elect someone other than your spouse, your spouse<br />
must consent in writing to this designation and your spouse’s signature must be<br />
witnessed by a <strong>Plan</strong> representative or a notary public.<br />
Participation<br />
Participation begins on the first day of any payroll period on or after you have satisfied the<br />
eligibility and enrollment requirements described above. Even if you do not provide required<br />
enrollment information, you will become a member of the <strong>Plan</strong> as of that date. However, you will<br />
only be entitled to make before-tax and after-tax contributions and receive Company-matching<br />
contributions after you have enrolled in the <strong>Plan</strong>. In addition, if you fail to make an investment<br />
election, contributions made to the <strong>Plan</strong> will be invested in an investment fund selected by the<br />
<strong>Plan</strong> Administrator.<br />
Keep in mind that making contributions to the <strong>Plan</strong> is entirely voluntary. Enroll only if you want to<br />
-- when first eligible or at a later date. But, the sooner you enroll, the sooner you will benefit from<br />
more of the <strong>Plan</strong>’s many advantages.<br />
Employment Rights Not Implied<br />
Participation in the <strong>Plan</strong> does not give you the right to be retained in the employ of the Company,<br />
nor does it give you a right or claim to any benefit you have not accrued under the terms of the<br />
<strong>Plan</strong>.<br />
III. DESIGNATING BENEFICIARIES<br />
A beneficiary is the person or entity that you designate to receive your<br />
vested account balance in the event of your death. You may name one<br />
person, several persons, your estate, or a trust as your beneficiary. At your<br />
death, your beneficiary will receive your vested account balance. However,<br />
if you are married, your spouse will automatically be your primary beneficiary<br />
under the <strong>Plan</strong>. If you want to name someone other than your spouse as<br />
primary beneficiary, your spouse must consent in writing to such designation.<br />
That consent must be witnessed by a <strong>Plan</strong> representative or a notary public and must<br />
6
acknowledge the effect of the designation on your spouse. The requirement for spousal consent<br />
may be waived by the <strong>Plan</strong> Administrator if it is established to its satisfaction that (1) there is no<br />
spouse, (2) you are legally separated, or (3) your spouse cannot be located. You may name<br />
anyone as your contingent beneficiary. If you have not named a beneficiary at the time of your<br />
death, or if your designated beneficiary does not survive you, your beneficiary will be your<br />
spouse, if you are married, or your estate if you are not married. For purposes of the <strong>Savings</strong><br />
<strong>Plan</strong>, your “spouse” means a person of the opposite-gender who is your lawful husband or lawful<br />
wife under the laws of the state or county of where you live.<br />
IV. HOW MUCH YOU CAN CONTRIBUTE – EMPLOYEE CONTRIBUTIONS<br />
Under the <strong>Plan</strong>, you can contribute from 1% to 50% of your<br />
compensation, in 1% multiples. In lieu of electing to reduce your<br />
compensation by a specified percentage, you may elect to reduce your<br />
compensation by a specific dollar amount per pay period. Compensation<br />
includes base wages, overtime pay, shift differential premium,<br />
commissions, unused vacation pay, annual cash incentive bonuses (paid to you while you are an<br />
employee), employee contributions made under the <strong>Plan</strong> and the Coty Inc. Flexible Benefits <strong>Plan</strong><br />
and any cash you receive in lieu of group health coverage. Severance pay, long-term incentive<br />
bonuses and long-term disability payments are excluded from compensation under the terms of<br />
the <strong>Plan</strong>.<br />
You can make before-tax contributions, after-tax contributions or a combination of both provided<br />
your total contributions do not exceed 50% of your compensation.<br />
If you return to employment with the Company following a period of Qualified Military Service, you<br />
will be eligible to make-up missed contributions that you could have made if not for the period of<br />
Qualified Military Service, provided you return to employment while your right to reemployment is<br />
protected by law.<br />
Before-Tax Contributions<br />
When you make before-tax contributions, the money goes into the <strong>Plan</strong> from your paycheck<br />
before federal and--in most areas--state and local income taxes are taken<br />
out. FICA and FUTA taxes will still apply. In effect, your before-tax<br />
contributions reduce the amount of your earnings subject to current income<br />
taxes. You pay full federal income taxes on only the remaining portion of<br />
your compensation, so your current taxes are less than they would have been<br />
had you not made any before-tax contributions to the <strong>Plan</strong>. The tax savings will<br />
be even greater if your before-tax contributions are not subject to state and<br />
local income taxes. As long as these contributions remain in the <strong>Plan</strong>, they<br />
will not be taxed. What’s more, investment earnings on these savings are<br />
tax-deferred until you receive them.<br />
For example, suppose you earn $30,000 and you contribute 6% on a before-tax basis, or<br />
$1,800, to the <strong>Plan</strong>. That $1,800 goes into the <strong>Plan</strong> before federal taxes are taken out.<br />
As a result, you pay federal income taxes on only $28,200 ($30,000 – $1,800), not<br />
$30,000. When you take your employee contributions and earnings out of the <strong>Plan</strong>, they<br />
will be subject to taxes (see “When You Will Pay Taxes,” below).<br />
7
Your before-tax contributions are subject to a government-specified limit. For 2008, you may elect<br />
to make before-tax contributions up to $15,500. The <strong>Plan</strong> Administrator will advise you each year<br />
of the limitation in effect for that year.<br />
Catch-up Contributions<br />
If you have attained age 50 prior to the end of the <strong>Plan</strong> Year, you may elect to make an additional<br />
before-tax contribution to the <strong>Plan</strong> called a “catch-up contribution.”<br />
Your catch-up contributions are limited in amount by law. If you<br />
have attained age 50 prior to the end of 2008, you may defer an<br />
additional $5,000 on a pre-tax basis as a catch-up contribution.<br />
The limits on before-tax contributions and catch-up contributions<br />
apply to all before-tax contributions you make under similar plans.<br />
If you exceed the limits because of contributions made to another<br />
employer’s plan (e.g., prior to joining the Company), you may ask<br />
for a refund of the excess from this <strong>Plan</strong> by sending a written<br />
request to the <strong>Plan</strong> Administrator by March 1 after the end of the<br />
calendar year the limit was exceeded. If any of the refunded<br />
deferrals had been matched, that corresponding match will be forfeited.<br />
After-Tax Contributions<br />
When you make after-tax contributions, the money is deducted from your paycheck after taxes<br />
(federal, state and local) are taken out. After-tax savings do not reduce the amount of your<br />
compensation subject to current taxes. However, earnings on these contributions are sheltered<br />
from taxes until they are actually paid to you. At that time, only the earnings will be subject to<br />
taxes (see “When You Will Pay Taxes,” below).<br />
Change or Suspension of Contributions<br />
Any increase in your compensation automatically increases the<br />
amount of your employee contributions. You may also increase<br />
or decrease your employee contributions at any time, provided<br />
you follow the procedures established by the <strong>Plan</strong> Administrator.<br />
The increase or decrease will take effect as soon as practicable<br />
following the date your request is processed.<br />
You may also suspend your before-tax or after-tax contributions at any time, provided you follow<br />
the procedures established by the <strong>Plan</strong> Administrator. The suspension will take effect as soon as<br />
practicable following the date your request is processed. If you do suspend contributions, you<br />
may start contributing again as soon as practicable following the date your request is processed<br />
provided you follow the procedures established by the <strong>Plan</strong> Administrator. All election changes or<br />
suspensions must be made through the Coty Benefits Center.<br />
Rollover Contributions<br />
Subject to certain limitations and the <strong>Plan</strong> Administrator’s approval, you may roll over any eligible<br />
amounts that you have received from another tax-qualified plan or an individual retirement<br />
account (“IRA”) into this <strong>Plan</strong>. In addition, this <strong>Plan</strong> may accept direct trustee-to-trustee transfers<br />
8
from other tax-qualified plans. However, the <strong>Plan</strong> does not accept direct trustee-to-trustee<br />
transfers from a defined benefit plan, a money purchase pension plan or other tax-qualified plan<br />
that requires that benefits be paid in the form of a qualified joint and survivor annuity, a<br />
governmental deferred compensation plan (Code Section 457) or a Code Section 403(b) taxsheltered<br />
annuity.<br />
Amounts rolled over or transferred are held in a separate “rollover” account. That way, you<br />
postpone paying taxes on your distribution of eligible rollover amounts as well as on any<br />
investment earnings on your distribution.<br />
If you wish to make a rollover contribution, you must do so within 60 days after you receive your<br />
distribution from the other plan or IRA. You do not need to have a Year of Eligibility Service to<br />
make a rollover contribution to the <strong>Plan</strong>.<br />
The government imposes special rules on rollover contributions and direct trustee-to-trustee<br />
transfers. For this reason, you should contact the Coty Benefits Center as soon as possible if you<br />
are considering making a rollover contribution.<br />
V. HOW MUCH THE COMPANY CONTRIBUTES – EMPLOYER CONTRIBUTIONS<br />
Company-Matching Contributions<br />
The Company will match any combination of your before-tax or your after-tax<br />
contributions to the <strong>Plan</strong>, on a dollar-for-dollar basis, up to the first 6% of<br />
compensation that you contribute to the <strong>Plan</strong>. Your before-tax contributions will<br />
be matched first, and then your after-tax contributions will be matched.<br />
For example, let’s say your annual compensation is $30,000 and you’re<br />
contributing 4% on a before-tax basis, or $1,200 per year, and 4% on an after-tax<br />
basis -- another $1,200 per year. The Company-matching contribution applies to<br />
6% of your employee contributions--starting with your before-tax contributions -- as<br />
shown below:<br />
Your Contribution<br />
Company-Matching Contribution<br />
$1,200 before-tax (4%) $1,200 (100% on 4%)<br />
$1,200 after-tax (4%) $ 600 (100% on 2%)<br />
So, in this case, you contribute $2,400 and the Company adds an additional<br />
$1,800 to your account.<br />
If you return to employment with the Company following a period of Qualified Military Service, you<br />
may be eligible to receive missed Company-matching contributions that could have been made<br />
on your behalf if not for the period of Qualified Military Service, provided you return to<br />
employment while your right to reemployment is protected by law and make-up all or a portion of<br />
the contributions that you could have made while you were gone.<br />
9
Company <strong>Retirement</strong> Contributions<br />
For each payroll period, the Company will make a Company retirement contribution to the <strong>Plan</strong> on<br />
your behalf. As demonstrated in the chart below, the Company retirement contributions are<br />
determined by your age as of the last day of the pay period and your compensation, as follows:<br />
Your Age<br />
Company <strong>Retirement</strong> Contribution<br />
as a Percentage of Your Compensation<br />
Under 35 1.0%<br />
35 - 39 2.0%<br />
40 - 44 2.5%<br />
45 - 49 3.5%<br />
50 - 54 4.0%<br />
55 and over 4.5%<br />
For purposes of the Company <strong>Retirement</strong> Contribution, your compensation is that compensation<br />
(as defined above) received during the payroll period for which the contribution is made.<br />
If you return to employment with the Company following a period of Qualified Military Service, you<br />
will be eligible to receive missed Company retirement contributions that would have been made<br />
on your behalf if not for the period of Qualified Military Service, provided you return to<br />
employment while your right to reemployment is protected by law.<br />
VI. LIMITATIONS ON CONTRIBUTIONS<br />
The Federal government has certain guidelines on all contributions<br />
made to the <strong>Plan</strong>. If any of the following rules and limitations<br />
applies to you, you will be notified.<br />
Before-Tax Contributions<br />
Your before-tax contributions are subject to a government-specified limit, as described in Section<br />
IV above. The <strong>Plan</strong> Administrator will advise you each year of the limitation in effect for that year.<br />
If you reach the government-specified maximum, your before-tax contributions will be suspended<br />
for the remainder of the <strong>Plan</strong> Year. The following January 1, your before-tax contributions will<br />
resume at the same rate you had selected prior to the suspension. Once you reach the beforetax<br />
maximum, you may commence (or continue) making after-tax contributions for the remainder<br />
of the <strong>Plan</strong> Year, subject to the applicable statutory and <strong>Plan</strong> limits.<br />
All Contributions<br />
The U.S. tax code imposes limitations on the amounts that can be contributed to qualified<br />
retirement plans. Some of these limitations are intended to make sure that lower-paid as well as<br />
higher-paid employees benefit equitably from the advantages offered by the <strong>Plan</strong>. If the <strong>Plan</strong><br />
doesn’t meet these limitations, some higher-paid employees may be required to reduce their<br />
before-tax contributions either by lowering their contribution percentages or by receiving a refund<br />
of monies after the end of the <strong>Plan</strong> Year. The <strong>Plan</strong> Administrator reserves the right to reduce the<br />
contribution percentages of any higher-paid employee in order to comply with these rules. These<br />
limitations are subject to periodic change by the IRS and normally apply only to highly<br />
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compensated employees. For 2008, highly compensated employees are those employees<br />
whose total compensation exceeded $100,000 in 2007 and were in the group of the highest paid<br />
20% of all employees. The <strong>Plan</strong> Administrator will notify you if your employee contributions are<br />
affected.<br />
The U.S tax code also limits the total contributions that can be made by or for any employee<br />
under the Company’s qualified plans. For 2008, this limit is $46,000 and may be increased in<br />
future years. You will be notified if this limit applies to you.<br />
Finally, the U.S. tax code limits the amount of compensation that can be taken into account for<br />
purposes of making contributions under the <strong>Plan</strong>. This amount is $230,000 in 2008, and may be<br />
increased in future years.<br />
VII. INVESTMENT CHOICES<br />
The money that you and the Company contribute to the <strong>Plan</strong> is held in a trust<br />
fund maintained by the <strong>Plan</strong>’s independent trustee (the “Trustee”). You direct<br />
how you want the Trustee to invest your employee contributions, the Companymatching<br />
and retirement contributions in any or all of the funds available under<br />
the <strong>Plan</strong>. You will receive separate information regarding the investment<br />
options available under the <strong>Plan</strong>. The following information about the<br />
available investment funds is available upon request:<br />
• a description of the annual operating expenses of each fund (e. g., investment<br />
management fees, administrative fees, transaction costs), and the aggregate amount of<br />
such expenses expressed as a percentage of average net assets of the fund;<br />
• copies of any prospectuses, financial statements and reports, and of any other materials<br />
relating to the funds, to the extent such information is provided to the plan;<br />
• a list of the assets comprising the portfolio of each fund which constitute “plan assets”<br />
within the meaning of ERISA and information regarding such assets, including certain<br />
information regarding fixed-rate investment contracts; and<br />
• information concerning the value of shares or units in the funds, as well as the past and<br />
current investment performance of such funds.<br />
You may obtain this information from the Coty Benefits Center by calling 1-877-268-9462 [1-877-<br />
COTY-INC] or by visiting www.877cotyinc.com. To request a prospectus of a fund, call<br />
1-800-724-7526.<br />
If you fail to make an investment election, your account will be invested in an investment<br />
fund selected by the <strong>Plan</strong> Administrator.<br />
Making Your Investment Election<br />
You have the opportunity to design your own investment program. You should carefully consider<br />
your personal financial objectives before you make your investment decision. This decision is<br />
yours alone and no employee or officer of the Company is authorized to give any investment<br />
advice. You may wish to consult the Education Guide available by calling Coty Benefits Center at<br />
1-877-268-9462 [1-877-COTY-INC] or by visiting www.877cotyinc.com. When you enroll, you’ll<br />
be asked to indicate how you want your money invested. If you don’t want all the money in one<br />
fund, you may split your investment between the funds in multiples of 1%.<br />
11
The <strong>Plan</strong> is intended to be a plan described in section 404(c) of ERISA and Title 29 of the Code<br />
of Federal Regulations section 2550.404c-1. Thus, the Company, the <strong>Plan</strong> Administrator, the<br />
Trustee, and other fiduciaries of the <strong>Plan</strong> may be relieved of liability for any investment losses<br />
that are the direct result of any investment directions you may make.<br />
Changing Your Investment Election<br />
If you wish, you may change your investment election for future savings in multiples of 1%. Any<br />
changes that you make to your investment election will be effective as soon as administratively<br />
practicable following receipt of your change by the Coty Benefits Center.<br />
Transferring Between Funds<br />
You may also transfer amounts already invested. In general, transfers between funds may be<br />
done in multiples of 1% and will be effective as soon as administratively practicable following<br />
receipt of your transfer by the Coty Benefits Center. Fund changes or transfers between funds<br />
may be made by calling the Coty Benefits Center toll-free at 1-877-268-9462 [1-877-COTY-INC].<br />
Representatives are available Monday through Friday, 7:00 AM to 11:00 PM Eastern Time. The<br />
voice response system is available 24 hours a day, 7 days a week. You may also visit the Coty<br />
Benefits Center online at www.877cotyinc.com.<br />
VIII. HOW YOUR ACCOUNT CAN GROW<br />
The value of your <strong>Plan</strong> account at any time depends on a number<br />
of factors, including:<br />
• how much and how long you make employee<br />
contributions;<br />
• Company-matching contributions;<br />
• Company retirement contributions;<br />
• investment gains or losses; and<br />
• withdrawals or loans you may take while you are working.<br />
Each calendar quarter, you will receive a personal statement that shows the status of your <strong>Plan</strong><br />
account and the extent to which you are vested at the end of the preceding calendar quarter. The<br />
statement will also show your current balance in each investment fund. You may also receive<br />
information regarding your account balances by calling the Coty Benefits Center on any business<br />
day. This way, you can see how your account is doing and judge whether your investment<br />
choices still address your financial objectives.<br />
For example, assume the following:<br />
Your total annual compensation $30,000<br />
Your employee contribution percentage x 10%<br />
Your annual contribution $ 3,000<br />
Annual Company-matching contribution<br />
(100% of up to 6% of compensation) 1,800<br />
Annual Company retirement contribution<br />
(2% of compensation for a 37 year old) + 600<br />
Total annual savings $ 5,400<br />
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For purposes of this example only, let’s assume that total employer and Company-matching and<br />
retirement contributions remain the same over the years. Here’s what could happen to your<br />
account at various rates of return:<br />
Years<br />
in<br />
<strong>Plan</strong><br />
Total Contributions<br />
(Employer Contributions +<br />
Company Contributions =<br />
$5,400 Per Year)<br />
Total Value of Contributions at Various Annual<br />
Rates of Return<br />
(Compounded Annually)<br />
6% Per Year 8% Per Year 10% Per Year<br />
5 $27,000 $32,267 $34,214 $36,264<br />
10 $54,000 $75,447 $84,486 $94,668<br />
15 $81,000 $133,232 $158,351 $188,729<br />
20 $108,000 $210,561 $266,884 $340,214<br />
25 $135,000 $314,045 $426,354 $584,182<br />
30 $162,000 $452,529 $660,668 $977,095<br />
Remember, as your compensation increases, the amount of your employee contributions and<br />
Company-matching and retirement contributions automatically increases. Your Company<br />
retirement contributions also increase as you get older. Please keep in mind that (1) no one can<br />
guarantee that the funds will grow at the rates shown and (2) it is more than likely that the earning<br />
power of your savings will be somewhat eroded by inflation. These figures are used for<br />
illustrative purposes only.<br />
Further, your account balance may be reduced by adverse investment experience of the funds<br />
(investment losses), by any taxes assessed against or payable by the <strong>Plan</strong>, and by administrative<br />
costs incurred by the <strong>Plan</strong> Administrator and the Trustee (to the extent these costs are not paid<br />
directly by the Company).<br />
IX. WHAT YOU SHOULD KNOW ABOUT VESTING<br />
When you become “vested,” it means you are entitled to all or<br />
a portion of the Company-matching, profit-sharing and<br />
retirement contributions made to the <strong>Plan</strong> on your behalf plus<br />
any earnings on these contributions.<br />
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Employee Contributions<br />
You are always 100% vested in your own before-tax and after-tax employee contributions.<br />
Company-Matching, Profit-Sharing, and <strong>Retirement</strong> Contributions<br />
You will become 100% vested in Company-matching, retirement contributions and any pre-1999<br />
profit-sharing contributions after you have completed three years of “Vesting Service” under the<br />
following schedule:<br />
Years of Vesting Service Vested Portion<br />
less than 3 0%<br />
3 or more 100%<br />
However, if you completed at least one Hour of Service with the Company prior to January 1,<br />
1999, you will become vested in Company-matching contributions based upon your years of<br />
Vesting Service as follows:<br />
Years of Vesting Service Vested Portion<br />
less than 2 0%<br />
2 but less than 3 25%<br />
3 or more 100%<br />
Generally, Vesting Service is the period of continuous employment from your date of hire until<br />
your date of termination and may include employment with a related company of Coty. Special<br />
rules may apply for employees who became employees of the Company through acquisition or<br />
spin-off from another company. See the <strong>Plan</strong> Administrator if you have prior service with a<br />
related company or a predecessor company.<br />
Even if you are not vested in Company-matching, retirement and pre-1999 profit-sharing<br />
contributions based upon your Vesting Service, as described above, you will be 100% vested in<br />
these contributions if, while in active service with the Company, you:<br />
• attain age 65;<br />
• become totally and permanently disabled (meaning you receive disability benefits from<br />
Social Security or the Company’s long-term disability program); or<br />
• die.<br />
Rollover Contributions<br />
You are always 100% vested in any amount you may have transferred from<br />
another qualified plan to your rollover account.<br />
Forfeitures<br />
If you leave the Company before you are 100% vested in Company-matching,<br />
profit-sharing and retirement contributions, you will forfeit (lose) the non-vested<br />
portion of these contributions. Amounts that are forfeited are used to offset<br />
future Company-matching and retirement contributions for the <strong>Plan</strong> Year in<br />
which the forfeiture occurs. Forfeited amount may also be used to pay expenses incurred by the<br />
<strong>Plan</strong>.<br />
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If you return to work for the Company after a break in service (see description below), all Eligibility<br />
Service (see “Eligibility, Enrollment and Participation,” above) and Vesting Service (see “What<br />
You Should Know About Vesting,” above) earned before your break will be restored. However,<br />
any Company-matching and retirement contributions that you forfeited when you left will be<br />
restored only if:<br />
• you return to work for the Company before you have a five year break in service; and<br />
• you repay to the <strong>Plan</strong> in cash, within five years following your return, the full amount of<br />
your before-tax contributions, matched after-tax contributions, Company-matching<br />
contributions, Company profit-sharing contributions, Company retirement<br />
contributions, and earnings on these amounts that you<br />
received when you left. (You may, but are not required to,<br />
repay any unmatched after-tax contributions, rollover<br />
contributions and earnings on these amounts that you received<br />
when you left.)<br />
If you return to work for the Company after a break in service of five or<br />
more years, you are not eligible to have the forfeited amounts restored.<br />
Break in Service<br />
A “break in service” occurs if you terminate employment and are not reemployed by the Company<br />
within one year after your termination. However, you will not have a break in service if you return<br />
to work within two years following the date you left for the following reasons:<br />
• you are pregnant;<br />
• the birth of your child;<br />
• you adopt a child; or<br />
• you must care for your child immediately following the birth or adoption.<br />
The <strong>Plan</strong> Administrator may require you to provide proof that your absence qualifies as a parental<br />
leave.<br />
A break in service does NOT occur, however, in the <strong>Plan</strong> Year in which you enter or leave the<br />
<strong>Plan</strong> for reasons of:<br />
• an authorized leave of absence; or<br />
• a period of Qualified Military Service provided you reapply for employment while the<br />
law protects your reemployment rights.<br />
X. WHAT YOU CAN WITHDRAW WHILE WORKING<br />
The <strong>Plan</strong> is designed to encourage long-term savings and investment<br />
for your retirement. However, withdrawals are available to you before<br />
you leave the Company. You can make one regular withdrawal and one<br />
hardship withdrawal in any <strong>Plan</strong> Year. The minimum amount that you<br />
may withdraw is the lesser of $500 or the fully vested portion of your<br />
accounts available for withdrawal. Withdrawal rules are explained<br />
below. Special withdrawal rules apply to certain employees who were previously employed by<br />
Revlon, Inc., Pfizer, Inc., Quintessence, Inc.<br />
15
Regular Withdrawal<br />
Before age 59½, you may withdraw all or a part of the following contributions in this order:<br />
• your after-tax contributions that have been in the <strong>Plan</strong> for at least 24 months and<br />
earnings;<br />
• rollover contributions and earnings; and<br />
• matching contributions and earnings from certain predecessor plans, subject to<br />
restrictions.<br />
After age 59½, you may withdraw all or part of the following contributions in this order:<br />
• your after-tax contributions (regardless of how long they were in the <strong>Plan</strong>) and<br />
earnings;<br />
• rollover contributions and earnings;<br />
• matching contributions and earnings from certain predecessor plans;<br />
• vested Company-matching contributions and earnings;<br />
• vested Company profit-sharing contributions and earnings (if any);<br />
• vested Company retirement contributions and earnings; and<br />
• your before-tax contributions and earnings.<br />
Hardship Withdrawal<br />
Subject to approval by the <strong>Plan</strong> Administrator, you may be able to<br />
make a withdrawal for hardship reasons, regardless of your age. To<br />
qualify for a hardship withdrawal, you must have an immediate and<br />
heavy financial need and have first used all other sources of available<br />
money, including the withdrawal options listed above and plan loans.<br />
Under the <strong>Plan</strong>, the following five reasons constitute an immediate and<br />
heavy financial need in accordance with government regulations:<br />
• to pay unreimbursed medical expenses (as specified by the IRS) for you, your spouse<br />
or your dependents or to obtain medical care for those individuals;<br />
• to purchase your principal residence (excluding mortgage payments);<br />
• to pay tuition, room and board, and related educational fees for the next 12 months of<br />
post-secondary education for you, your spouse or your dependents;<br />
• to prevent eviction from or avoid foreclosure on the mortgage of your principal<br />
residence;<br />
• to pay burial or funeral expenses for your deceased parent, spouse, children or<br />
dependents (defined in Section 152 of the Internal Revenue Code);<br />
• to pay for the repair of damage to your principal residence that would qualify for a<br />
casualty deduction on your federal income tax return (determined without regard to<br />
whether the loss exceeds 10% of your adjusted gross income); or,<br />
• to meet any other expenses or debts determined by the <strong>Plan</strong> Administrator, in<br />
accordance with government regulations, to constitute an immediate and heavy<br />
financial need.<br />
You may withdraw all or part of the following for hardship reasons in the following order:<br />
• your after-tax contributions and earnings;<br />
• rollover contributions and earnings;<br />
16
• matching contributions and earnings from certain predecessor plans;<br />
• vested Company-matching contributions and earnings;<br />
• vested Company profit-sharing contributions and earnings;<br />
• vested Company retirement contributions and earnings; and<br />
• your before-tax contributions and earnings credited on those contributions as of<br />
December 31, 1988.<br />
The amount of a hardship withdrawal cannot exceed the amount required to meet your financial<br />
need, including any income and penalty taxes that may be assessed as a result of the hardship<br />
withdrawal. You will not be allowed to make employee contributions to the <strong>Plan</strong> for at least<br />
six months following the hardship withdrawal.<br />
Withdrawal Procedures<br />
To make a withdrawal, you must give prior notice to the Coty Benefits<br />
Center in accordance with the procedures established by the <strong>Plan</strong><br />
Administrator. The amount available for withdrawal will be determined<br />
as of the earliest practicable valuation date next following receipt of<br />
such notice by the Coty Benefits Center. You will receive payment as<br />
soon as possible thereafter. If you’re applying for a hardship withdrawal, you will be required to<br />
provide evidence of hardship. The Coty Benefits Center will then determine if you qualify for this<br />
withdrawal under IRS and <strong>Plan</strong> rules.<br />
Keep in mind that there may be adverse tax consequences on the amounts you withdraw. The<br />
tax consequences of withdrawals from the <strong>Plan</strong> are described below under “When You Will Pay<br />
Taxes.”<br />
XI. HOW LOANS ARE MADE<br />
As you have seen in the previous section, withdrawals may be limited and can subject you to<br />
certain tax penalties. However, the <strong>Plan</strong> has a loan feature that allows you to borrow from your<br />
account balance while you are working. Loans are withdrawn proportionately from the funds in<br />
which your account is invested. When you take a loan, you are the lender as well as the<br />
borrower. All money you borrow must be paid back to your own accounts with interest. In<br />
addition, the amount you borrow is not subject to tax, provided the loan is fully repaid within the<br />
time period prescribed by the <strong>Plan</strong> Administrator and in accordance with government regulations.<br />
How Much Can You Borrow<br />
The minimum amount that you may borrow is $1,000, and the maximum amount that you may<br />
borrow may not exceed the lesser of:<br />
• 50% of the vested portion of your accounts; or<br />
• $50,000 minus the highest outstanding loan balance during the<br />
prior 12 months.<br />
Loan repayments are made through payroll deduction.<br />
You may take only one loan at a time, and it will be deducted from your<br />
accounts in the following order:<br />
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• your before-tax contributions and earnings;<br />
• vested Company-matching contributions and earnings;<br />
• vested Company profit-sharing contributions and earnings;<br />
• vested Company retirement contributions and earnings;<br />
• rollover contributions and earnings;<br />
• your after-tax contributions and earnings; and<br />
• matching contributions and earnings from certain predecessor plans.<br />
How to Apply for a Loan<br />
To apply for a loan, call the Coty Benefits Center toll-free at 1-877-268-9462 [1-877-COTY-INC ]<br />
or by visiting www.877cotyinc.com. At that time, the terms and<br />
amount of the loan will be agreed upon, subject to approval by the<br />
Coty Benefits Center in accordance with guidelines established by<br />
the <strong>Plan</strong> Administrator. Once your loan application is processed by<br />
the Coty Benefits Center, you will receive a check for the amount of<br />
the loan. Your signature on the check indicates acceptance of the<br />
loan terms. Repayment through payroll deductions will then begin.<br />
Repaying Your Loan<br />
After you receive the loan, you pay it back with interest in equal installments through payroll<br />
deductions. The interest rate is determined by using the prime rate at the time the loan is<br />
processed as published in the Wall Street Journal plus one percent. This rate will be in effect for<br />
the duration of your loan.<br />
Repayments of principal and interest are generally repaid to your accounts in the same order in<br />
which they were deducted. Repayments of principal and interest are reinvested in your accounts<br />
based upon your contribution investment election in effect on the date of repayment.<br />
The period of repayment will be determined at the time of your loan, but may not exceed five<br />
years. You may prepay your loan in full at any time.<br />
Repayment through regular payroll deductions during an approved leave of absence of up to one<br />
year may be suspended if your compensation during that period is insufficient to repay the loan<br />
and the loan note does not mature or become due during that period. If you elect to suspend<br />
payments during your absence, your loan repayment schedule will be reamortized (with its<br />
original maturity date) and loan repayments will recommence as of the earlier of (a) your return to<br />
work or (b) one year from the date your absence began. As an alternative, you may continue to<br />
repay the loan in equal installments by remitting a check or money order. If you have a loan<br />
outstanding and are going on an unpaid leave of absence, please contact the <strong>Plan</strong> Administrator<br />
to discuss repayment of the loan.<br />
In addition, the <strong>Plan</strong> Administrator may suspend loan repayments during periods of<br />
Qualified Military Service in accordance with federal law and, if so suspended,<br />
upon your reemployment by the Company within the time during which your<br />
right to reemployment is protected by applicable law, the loan payment<br />
schedule will resume with the original maturity date of the promissory note<br />
adjusted to reflect the period of Qualified Military Service.<br />
18
Default<br />
If you terminate or retire with a loan balance outstanding, you must repay the remaining balance<br />
within 90 days of your termination or retirement. If you do not repay such amount in full within the<br />
prescribed time period, the loan will be in default, and you will be treated as if you received a<br />
taxable distribution from the <strong>Plan</strong> equal to the entire outstanding balance of your loan. In addition,<br />
IRS penalty taxes may apply. Therefore, it is very important that you immediately pay the<br />
outstanding balance of your loan upon termination or retirement. If you receive a total distribution<br />
prior to the 90-day repayment date, your distribution will be offset by the amount of the<br />
outstanding loan balance.<br />
XII. HOW YOU WILL RECEIVE YOUR MONEY<br />
How Payment Is Made<br />
Unless the value of your account is more than $5,000 and you elect<br />
otherwise, payment of your <strong>Plan</strong> accounts is made in a lump sum when<br />
you terminate employment with the Company. If you die before receiving<br />
your payment, your beneficiary will receive the lump sum payment. For<br />
purposes of determining whether your account is more than $5,000, your<br />
account will be valued without taking into account the portion of your<br />
account attributable to any rollover contributions.<br />
If the value of your account is more than $5,000 (excluding your rollover contributions), you can<br />
elect to receive payments (1) in the form of a lump sum or (2) in quarterly or annual installment<br />
payments for a period, elected by you, not to exceed 15 years or, if shorter, the joint life<br />
expectancy of you and your beneficiary. If you die before all payments are made, your<br />
beneficiary will receive the remaining amount in a lump sum. If you are married and your spouse<br />
is not your beneficiary, your spouse must consent to the beneficiary you name and this consent<br />
must be witnessed by a <strong>Plan</strong> representative or notary public.<br />
When Payment Is Made<br />
If you terminate employment with the Company, payments will be made as follows:<br />
• If the value of your account is $5,000 or less (excluding your rollover contributions), a<br />
single lump sum payment will automatically be made as soon as administratively<br />
practicable, subject to the rules below on automatic rollovers;<br />
• If the value of your account is more than $5,000 (excluding your rollover contributions)<br />
and you elect a lump sum payment, then a single payment will be made as soon as<br />
administratively practicable; and<br />
• If the value of your account is more than $5,000 (excluding your rollover contributions)<br />
and you elect installment payments, then periodic payments begin as soon as<br />
administratively practicable. The amount of your payments will be revised as of the<br />
valuation date before each payment thereafter.<br />
In the event of your death, payment to your beneficiary will be made as soon as administratively<br />
practicable following your death but, in no event, later than the December 31 following the<br />
calendar year of your death.<br />
19
If payments are deferred, your account will continue to be invested in the investment funds of<br />
your choice.<br />
Automatic Rollover to an IRA<br />
As stated in the previous subsection, if the value of your account upon your termination of<br />
employment is $5,000 or less (excluding your rollover contributions), a single lump sum payment<br />
will be made as soon as administratively practicable. In general, you may elect whether to receive<br />
this payment in cash, or to roll over the distribution to another plan or an individual retirement<br />
account ("IRA").<br />
If the amount of your distribution is more than $1,000 (including your rollover contributions) but<br />
less than or equal to $5,000 (excluding your rollover contributions), and you do not make an<br />
election with respect to this payment within 90 days of receiving the written election material, the<br />
distribution will be rolled over automatically to an IRA established in your name with Charles<br />
Schwab. Your account will be invested in a type of investment designed to preserve principal and<br />
provide a reasonable rate of return and liquidity (e.g., an interest-bearing account, a certificate of<br />
deposit or a money market fund). Your account will be charged for any expenses associated with<br />
the establishment and maintenance of the IRA and with the IRA investments. You may transfer<br />
the IRA funds, at any time and without cost, to any other IRA you choose. You may contact the<br />
<strong>Plan</strong> Administrator at the address and telephone number indicated on page 27 for further<br />
information regarding the <strong>Plan</strong>'s automatic rollover provisions, including the fees and expenses<br />
associated with the IRA.<br />
Required Distribution<br />
Generally, the law requires that distribution of your benefit must begin no<br />
later than 60 days after the end of the <strong>Plan</strong> Year in which the latest of the<br />
following occurs:<br />
• your 65th birthday;<br />
• the 10th anniversary of your participation date; or<br />
• the date you terminate employment with the Company.<br />
Notwithstanding the foregoing general rule, the law requires that you<br />
begin to receive a distribution no later than the April 1 following the later<br />
of (1) the year in which you attain age 70½ or (2) the year in which you retire. If you are a five<br />
percent owner, as defined in the Code, you must begin receiving distributions no later than the<br />
April 1 of the calendar year following the year in which you attain age 70½, even if you have not<br />
yet retired.<br />
In the event of your death, any amounts payable to your beneficiary will be made as soon as<br />
administratively practicable following your death.<br />
Assignment of Benefits<br />
Your benefits under this <strong>Plan</strong> are provided solely for you or your designated beneficiary.<br />
Generally, they cannot be assigned to anyone else. Other than as specifically required by the<br />
<strong>Plan</strong> or federal law, your account balance may not be sold, used as collateral for a loan, given<br />
away, or otherwise transferred. In addition, your creditors may not attach, garnish, or otherwise<br />
interfere with your account. However, the <strong>Plan</strong> will honor qualified domestic relations orders<br />
(“QDROs”) issued under domestic relations or community property law. A QDRO is defined as a<br />
decree or order that obligates you to pay child support or alimony, or otherwise allocates a portion<br />
of your assets in the <strong>Plan</strong> to your spouse, former spouse, child, or other dependent. Any portion<br />
20
of your benefits not awarded to your spouse, former spouse, or dependents will be paid to you.<br />
You may obtain a copy, free of charge, of the <strong>Plan</strong>’s procedures relating to QDROs from the <strong>Plan</strong><br />
Administrator.<br />
XIII. WHEN YOU WILL PAY TAXES<br />
The <strong>Plan</strong> has been designed to meet government requirements to help you enjoy special tax<br />
advantages. Your before-tax contributions can also save you money that would have otherwise<br />
been paid in taxes.<br />
Federal Income Taxes<br />
Tax on Employee Contributions – Your before-tax contributions are<br />
made before federal income taxes are withheld. For example,<br />
suppose you are in a 28% tax bracket and you make a before-tax<br />
contribution of $3,000. Of your $3,000 before-tax contribution, $840<br />
(28% of $3,000) is money in your account that otherwise would have<br />
gone to the federal government as taxes. With before-tax<br />
contributions, you keep that money in your account where it can grow<br />
larger through investment income. As long as that money stays in the<br />
<strong>Plan</strong>, it will not be taxed. The same is true for all Company-matching,<br />
profit-sharing and retirement contributions and any investment<br />
earnings on such contributions. You pay no federal income taxes on<br />
these amounts as long as they stay in the <strong>Plan</strong>.<br />
On the other hand, your after-tax contributions come out of your compensation that has already<br />
been taxed. So, you do not postpone federal taxes by making after-tax contributions. However,<br />
you do postpone taxes on investment earnings on after-tax contributions.<br />
Tax on Distributions- How you are taxed when you receive a <strong>Plan</strong> distribution depends on<br />
whether you:<br />
• make withdrawals while working;<br />
• receive a distribution upon leaving the Company, or<br />
• receive before-tax or after-tax contributions.<br />
Withdrawals While Working<br />
After-Tax Contributions. If you withdraw any or all of your after-tax contributions, the law requires<br />
that a portion of the withdrawal include a withdrawal of earnings on all of your after-tax<br />
contributions. The earnings portion will then be included in your ordinary income subject to an<br />
automatic 20% withholding rate, if you do not elect to roll the funds over to another eligible<br />
retirement plan, and may be subject to an additional 10% penalty tax if you withdraw such<br />
earnings before reaching age 59½, as described below. If you make hardship withdrawal, a 10%<br />
withholding rate applies and rollovers are not permitted.<br />
Before-Tax and Company-Matching, Profit-Sharing and <strong>Retirement</strong> Contributions. All of your<br />
before-tax contributions, any Company-matching, profit-sharing and retirement contributions, and<br />
all applicable earnings are fully taxable as ordinary income when you withdraw them. These<br />
amounts are subject to the automatic 20% withholding rate, if you do not elect to roll the funds<br />
over to another eligible retirement plan, and may also be subject to the additional 10% penalty tax<br />
if you withdraw them before reaching age 59½, as described below. If you make hardship<br />
withdrawal, a 10% withholding rate applies and rollovers are not permitted.<br />
21
Distributions After You Leave the Company<br />
Your before-tax contributions, Company-matching, profitsharing<br />
and retirement contributions and all investment<br />
earnings are fully taxable as ordinary income when you<br />
receive them. Government regulations require that 20% of<br />
your distribution be withheld automatically, unless you<br />
directly roll over the amount to an IRA or other eligible<br />
retirement plan that accepts the direct rollover. The amount<br />
withheld will be applied toward your income taxes for the<br />
year in which you receive the distribution. In addition, if you<br />
leave the Company and receive a distribution before age 59½, your payment may be subject to<br />
the additional 10% penalty tax, as described below, as well as ordinary income taxes. Your aftertax<br />
contributions are not taxed or subject to income tax withholding. In some cases, you may be<br />
able to roll this portion of your account over to another plan.<br />
Penalty Tax on Distributions<br />
If you receive a payment from the <strong>Plan</strong> before you reach age 59½ and you do not roll it over,<br />
then, in addition to regular income tax, you may have to pay an extra tax equal to 10% of the<br />
taxable portion of the payment. Generally, the additional 10% tax does not apply to your payment<br />
if it is:<br />
• paid to your beneficiary (or to your estate) due to your death;<br />
• paid because you retire due to disability;<br />
• paid to you as equal (or almost equal) payments over your life or life expectancy (or<br />
your and your beneficiary’s lives or life expectancies);<br />
• paid to you after termination of employment after you reach age 55;<br />
• used to pay certain extraordinary, unreimbursed tax-deductible medical exenses that<br />
exceed 7½% of your adjusted gross income; or<br />
• paid to an alternate payee under a qualified domestic relations order.<br />
See IRS Form 5329 for more information on the additional 10% tax.<br />
Rollovers<br />
If you would like to continue deferring taxes on your distribution, you<br />
may elect to have any eligible rollover distribution from the <strong>Plan</strong><br />
transferred directly from the Trustee of the <strong>Plan</strong> to the trustee of an<br />
IRA or another eligible retirement plan that accepts rollovers. You<br />
must provide your election to the Coty Benefits Center to direct your<br />
distribution to be rolled over directly into an IRA (or another eligible<br />
employer plan that accepts rollovers) to avoid the 20% withholding.<br />
An eligible retirement plan means an employer plan that is qualified<br />
under Code Section 401(a), a Code Section 403(a) annuity, a Code<br />
Section 403(b) tax-sheltered annuity plan and certain governmental 457 plans of deferred<br />
compensation, an individual retirement annuity account described in Code Section 408(a) or an<br />
individual retirement annuity described in Code Section 408(b) (other than an endowment<br />
contract).<br />
You may also roll over a distribution of your after-tax contributions to a traditional IRA or another<br />
eligible retirement plan (other than a governmental 457 plan), provided that the receiving IRA or<br />
22
other eligible retirement plan accepts after-tax contributions and can separately account for them.<br />
[A traditional IRA does not include a Roth IRA, a Coverdell <strong>Savings</strong> Account or a SIMPLE IRA.] If<br />
you roll over your after-tax contributions to a traditional IRA, it is your responsibility to keep track<br />
of, and report to the IRS on the applicable forms, the amount of these after-tax contributions. This<br />
will enable the nontaxable amount of any future distributions from the traditional IRA to be<br />
determined. Once you roll over your after-tax contributions to a traditional IRA, those amounts<br />
cannot be rolled over to an employer plan.<br />
If you do not direct the <strong>Plan</strong> to roll over your distribution directly to an IRA or other qualified plan,<br />
your distribution may still be rolled over tax-free into an IRA or other qualified plan, provided you<br />
do so within 60 days of the distribution. However, in order to roll over your entire taxable<br />
distribution, you will need to make up the 20% withholding that will be initially deducted from your<br />
distribution by contributing money from another source, such as personal savings. In this case,<br />
you may be entitled to a refund from the IRS of the amount withheld when you file your federal<br />
income tax return.<br />
Certain plan payments cannot be rolled over. If you receive installment payments from the <strong>Plan</strong><br />
over a period of ten years or more, or a distribution that is made to correct a failed<br />
nondiscrimination test or because the legal limits on certain contributions were exceeded, they<br />
cannot be rolled over. Unless you have reached age 59½, you cannot make a direct rollover of<br />
the portion of any hardship withdrawal that consists of before-tax contributions. The amount of a<br />
plan loan that becomes a taxable deemed distribution because of a default, cannot be rolled over.<br />
Finally, if you have reached age 70½ and are no longer employed by the Company, a portion of<br />
any distribution will be considered a “minimum required distribution” and cannot be rolled over.<br />
You will not pay taxes until you take the money out of the IRA or eligible retirement plan, at which<br />
time you’ll pay ordinary income tax (and, if applicable, the additional 10% penalty tax for<br />
premature distributions) on the money you receive. If you were born before January 1, 1936, you<br />
may be able to make a one-time election to figure the tax on the payment by using “10-year<br />
averaging” (using 1986 tax rates), provided you have five years of participation in the <strong>Plan</strong> and<br />
you receive the entire balance of your account under the <strong>Plan</strong> in one taxable year. Check with<br />
your tax advisor.<br />
State & Local Income Taxes<br />
Tax on Contributions – While before-tax contributions are<br />
generally treated by most states the same way as by the<br />
federal government, some states and cities may tax these<br />
amounts. Check with your tax advisor to see how the<br />
states or cities in which you work and live treat before-tax<br />
contributions.<br />
Your after-tax contributions come out of your<br />
compensation after having already been taxed by your<br />
state or local government. You do not pay state or local<br />
taxes on Company-matching and retirement contributions and any earnings as long as they<br />
remain in the <strong>Plan</strong>.<br />
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Tax on Withdrawals – If you did not pay state or local taxes on before-tax contributions at the time<br />
you made these contributions, you may be subject to tax on these amounts when you receive<br />
them.<br />
Since you paid taxes on your after-tax contributions, you pay no further taxes on these<br />
contributions when they are paid to you. However, any earnings on these contributions will be<br />
subject to tax when you receive them.<br />
All Company-matching, retirement contributions and earnings will be subject to tax when you<br />
receive them.<br />
Repayment of <strong>Plan</strong> Loans<br />
If your employment with the Company ends and you have an outstanding loan from the <strong>Plan</strong>, the<br />
Company may reduce (or “offset”) your balance in the <strong>Plan</strong> by the amount of the loan you have<br />
not repaid your loan within the time prescribed by the <strong>Plan</strong> Administrator. The amount of your<br />
loan offset is treated as a distribution to you at the time of the offset and will be taxed unless you<br />
roll over an amount equal to the amount of your loan offset to another qualified employer plan or<br />
a traditional IRA within 60 days of the date of the offset. If the amount of your loan offset is the<br />
only amount you receive or are treated as having received, no amount will be withheld from it. If<br />
you receive other payments of cash from the <strong>Plan</strong>, the 20% withholding amount will be based<br />
upon the entire amount paid to you, including the amount of the loan offset. The amount withheld<br />
will be limited to the amount of other cash or property paid to you. The amount of a defaulted plan<br />
loan that is a taxable deemed distribution cannot be rolled over.<br />
Surviving Spouses, Alternate Payees and Other Beneficiaries<br />
In general, the rules summarized above that apply to payments to employees also apply to<br />
payments to surviving spouses of employees and to spouses or former spouses who are<br />
“alternate payees.” You are an alternate payee if your interest in the <strong>Plan</strong> results from a “qualified<br />
domestic relations order,” which is an order issued by a court, usually in connection with a divorce<br />
or legal separation.<br />
If you are a surviving spouse or an alternate payee, you may choose to have a payment that can<br />
be rolled over, as described above, paid in a direct rollover a traditional IRA or to an eligible<br />
retirement plan or paid to you. If you have the payment paid to you, you can keep it or roll it over<br />
yourself to a traditional IRA or to an eligible retirement plan. Thus, you have the same choices as<br />
the employee.<br />
If you are a beneficiary other than a surviving spouse or an alternate payee, you cannot choose a<br />
direct rollover, and you cannot roll over the payment yourself.<br />
If you are a surviving spouse, an alternate payee, or another beneficiary, your payment is<br />
generally not subject to the additional 10% tax described above, even if you are younger than age<br />
59½.<br />
If you are a surviving spouse, an alternate payee, or another beneficiary, you may be able to use<br />
the special tax treatment for lump sum distributions and the special rule for payments that include<br />
employer stock, as described above. If you receive a payment because of the employee's death,<br />
you may be able to treat the payment as a lump sum distribution if the employee met the<br />
appropriate age requirements, whether or not the employee had five years of participation in the<br />
<strong>Plan</strong>.<br />
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How to Obtain Additional Information<br />
This summarizes only the federal (not state or local) tax rules that might<br />
apply to your payment. The rules described above are complex and<br />
contain many conditions and exceptions that are not included in this<br />
notice. Therefore, you may want to consult with the Coty Benefits Center<br />
or a professional tax advisor before you take a payment of your benefits<br />
from your <strong>Plan</strong>. Also, you can find more specific information on the tax<br />
treatment of payments from qualified employer plans in IRS Publication<br />
575, Pension and Annuity Income, and IRS Publication 590, Individual <strong>Retirement</strong> Arrangements.<br />
These publications are available from your local IRS office, on the IRS's Internet Web Site at<br />
www.irs.gov, or by calling 1-800-TAX-FORMS.<br />
When You Need Tax Advice<br />
Because tax laws are complex and subject to change, this information is intended only as a<br />
general guideline based upon our understanding of the federal income tax law currently in effect.<br />
For your own protection, you should consult a tax specialist before you withdraw or<br />
receive any <strong>Plan</strong> money from the <strong>Plan</strong>.<br />
XIV. CLAIMS PROCEDURE<br />
This section describes the <strong>Plan</strong>’s procedures under which you can make a claim for benefits<br />
under the <strong>Plan</strong> and appeal a denied claim for benefits. For purposes of this section of the SPD,<br />
the <strong>Plan</strong> Administrator (or any third party to whom the <strong>Plan</strong> Administrator has delegated the<br />
authority to review and evaluate claims) shall be referred to as the “Claims Administrator” at the<br />
initial claim level and the “Appeals Administrator” at the appeal level.<br />
A request for benefits is a “claim” subject to these procedures only if it is filed by you or your<br />
authorized representative in accordance with the <strong>Plan</strong>’s claim filing guidelines. In general, claims<br />
must be filed in writing. Any claim that does not relate to a specific benefit under the <strong>Plan</strong> (for<br />
example, a general eligibility claim) must be filed with the <strong>Plan</strong> Administrator. A casual inquiry<br />
about benefits or the circumstances under which benefits might be paid under the <strong>Plan</strong> is not a<br />
“claim” under these rules, unless it is determined that your inquiry is an attempt to file a claim. If a<br />
claim is received, but there is not enough information to allow the Claims Administrator to process<br />
the claim, you will be given an opportunity to provide the missing information.<br />
If you want to bring a claim for benefits under the <strong>Plan</strong>, you may designate an authorized<br />
representative to act on your behalf so long as you provide written notice of such designation to<br />
the Claims Administrator and/or the Appeals Administrator identifying such authorized<br />
representative.<br />
Time Periods for Responding to Initial Claims<br />
If you or your beneficiary brings a claim for benefits under the <strong>Plan</strong>, the Claims Administrator will<br />
respond to you or your beneficiary within 90 days after receipt of the claim. If the Claims<br />
Administrator determines that an extension is necessary due to matters beyond the control of the<br />
<strong>Plan</strong>, the Claims Administrator will notify you or your beneficiary within the initial 90-day period<br />
that the Claims Administrator needs up to an additional 90 days to review your claim.<br />
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Notice and Information Contained in Notice Denying Initial Claim<br />
If the Claims Administrator denies your claim (in whole or in part), the Claims Administrator will<br />
provide you or your beneficiary with written notice of the denial (although initial notice of a denied<br />
urgent care claim may be provided to you orally). This notice will include the following:<br />
• Reason for the Denial – the specific reason or reasons for the denial;<br />
• Reference to <strong>Plan</strong> Provisions – reference to the specific <strong>Plan</strong> provisions upon which<br />
the denial is based;<br />
• Description of Additional Material – a description of any additional material or<br />
information necessary for you to perfect your claim and an explanation as to why such<br />
information is necessary; and<br />
• Description of Claims Appeals Procedures – a description of the <strong>Plan</strong>’s appeals<br />
procedures and the time limits applicable for such procedures (such description will<br />
include a statement that you or your beneficiary are eligible to bring a civil action in<br />
Federal court under Section 502 of ERISA to appeal any adverse decision on appeal).<br />
Appealing a Denied Claim for Benefits<br />
If your initial claim for benefits is denied by the Claims Administrator, you or your beneficiary may<br />
appeal the denial by filing a written request with the Appeals Administrator within 60 days after<br />
you or your beneficiary receive the notice denying your initial claim for benefits. If you or your<br />
beneficiary decides to appeal a denied claim for benefits, you or your beneficiary will be able to<br />
submit written comments, documents, records, and other<br />
information relating to your claim for benefits (regardless of<br />
whether such information was considered in your initial claim<br />
for benefits) to the Appeals Administrator for review and<br />
consideration. You or your beneficiary will also be entitled to<br />
receive, upon request and free of charge, access to and<br />
copies of, all documents, records and other information that is<br />
relevant to your appeal.<br />
Time Periods for Responding to Appealed Claims<br />
If you or your beneficiary brings a claim for benefits<br />
under the <strong>Plan</strong>, the Appeals Administrator will respond to<br />
you or your beneficiary within 60 days after receipt of the<br />
claim. If the Appeals Administrator determines that an<br />
extension is necessary due to matters beyond the control<br />
of the <strong>Plan</strong>, the Appeals Administrator will notify you<br />
within the initial 60-day period that the Appeals<br />
Administrator needs up to an additional 60 days to<br />
review your claim.<br />
Notice and Information Contained in Notice Denying Appeal<br />
If the Appeals Administrator denies your claim (in whole or in part), the Appeals Administrator will<br />
provide you or your beneficiary with written notice of the denial (although initial notice of a denied<br />
urgent care claim may be provided to you or your beneficiary orally or via facsimile or other<br />
similarly expeditious means of communication). This notice will include the following:<br />
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• Reason for the Denial – the specific reason or reasons for the denial;<br />
• Reference to <strong>Plan</strong> Provisions – reference to the specific <strong>Plan</strong> provisions upon which<br />
the denial is based;<br />
• Statement of Entitlement to Documents – a statement that you or your beneficiary are<br />
entitled to receive, upon request and free of charge, access to and copies of, all<br />
documents, records and other information that is relevant to your claim and/or appeal<br />
for benefits;<br />
• Statement of Right to Bring Action – a statement that you or your beneficiary are<br />
entitled to bring a civil action in Federal court under Section 502 of ERISA to pursue<br />
your claim for benefits.<br />
The decision of the Appeals Administrator shall be final and conclusive on all persons claiming<br />
benefits under the <strong>Plan</strong>, subject to applicable law. If you challenge the decision of the Appeals<br />
Administrator, a review by a court of law will be limited to the facts, evidence and issues<br />
presented during the claims procedure set forth above. The appeal process described herein<br />
must be exhausted before you or your beneficiary can pursue the claim in federal court. Facts<br />
and evidence that become known to you after having exhausted the appeals procedure may be<br />
submitted for reconsideration of the appeal in accordance with the time limits established above.<br />
Issues not raised during the appeal will be deemed waived.<br />
XV. ADMINISTRATION OF THE PLAN<br />
The <strong>Plan</strong> Administrator is the sole judge of the application and interpretation of the <strong>Plan</strong>. The<br />
<strong>Plan</strong> Administrator, through the <strong>Plan</strong> Administrative Committee, has the discretionary authority to<br />
resolve disputed issues of fact, to make all decisions under the <strong>Plan</strong> relating to benefit claims, to<br />
make determinations regarding eligibility for benefits and to ensure that the <strong>Plan</strong> provisions apply<br />
fairly and equitably to all participants.<br />
In addition, the <strong>Plan</strong> Administrator has the authority to delegate certain of its powers and duties to<br />
third parties. As the <strong>Plan</strong> Administrator’s delegate, the Coty Benefits Center is responsible for the<br />
day-to-day operation of the <strong>Plan</strong>.<br />
The decisions of the <strong>Plan</strong> Administrator (or its delegate) in<br />
all matters relating to the <strong>Plan</strong> (including, but not limited to,<br />
eligibility for benefits, <strong>Plan</strong> interpretations, and disputed<br />
issues of fact) will be final and binding on all parties and<br />
generally will not be overturned by a court of law.<br />
<strong>Plan</strong> Year<br />
The <strong>Plan</strong> Year for recordkeeping purposes runs from<br />
January 1 through December 31.<br />
Investment of Funds<br />
According to the terms of the <strong>Plan</strong> and trust agreement, both employee contributions and<br />
Company-matching and retirement contributions are deposited directly into a trust fund managed<br />
by the <strong>Plan</strong>’s Trustee.<br />
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The Trustee has the responsibility for seeing that all contributions are used for the exclusive<br />
benefit of <strong>Plan</strong> members and their beneficiaries. The Trustee will make all <strong>Plan</strong> payments.<br />
The Future of the <strong>Plan</strong><br />
While the Company intends to continue the <strong>Plan</strong> indefinitely, it reserves the<br />
right to amend or terminate the <strong>Plan</strong> at any time by action of its board of<br />
directors. In no event will an amendment have the effect of reducing your<br />
vested account balance. In the case of <strong>Plan</strong> termination, you will be fully<br />
vested in your account balance and <strong>Plan</strong> assets will be distributed to the<br />
members.<br />
Loss of Benefits<br />
Under certain circumstances, your benefits may be lost. The principal way<br />
in which you may lose benefits is that your employment terminates for any<br />
reason before you have a vested interest in your benefit. Under the rules of the <strong>Plan</strong>, if you<br />
terminate employment and are not reemployed by the Company within five years after your<br />
termination you will forfeit your entire non-vested account balance.<br />
Benefits may also be reduced or lost due to limitations under the Code, poor investment returns,<br />
the imposition of income, penalty and excise taxes or a tax lien, the application of a domestic<br />
relations order or a judgment or settlement agreement that requires you to make payments to the<br />
<strong>Plan</strong>, and failure to make proper application for benefits or failure to provide necessary<br />
information.<br />
Missing Participants<br />
If you or your beneficiary do not provide the <strong>Plan</strong> Administrator with your most recent address,<br />
and you or your beneficiary cannot be located at the time benefits are scheduled to commence,<br />
the <strong>Plan</strong> Administrator will make all diligent efforts to locate you or your beneficiary to notify you<br />
of such due and owing payments. If you or your beneficiary cannot be located and have not<br />
made a claim for such benefits, the <strong>Plan</strong> Administrator may cancel your account and use the<br />
unclaimed benefits to reduce further Company-matching and retirement contributions under the<br />
<strong>Plan</strong>. If, however, you or your beneficiary later make a claim for such benefits, your account will<br />
be restored in accordance with procedures established by the <strong>Plan</strong> Administrator.<br />
Fees<br />
For a prospectus containing more complete information including management fees, charges and<br />
expenses, please call the Coty Benefits Center. Please read the prospectus carefully before you<br />
invest or send money.<br />
Top-Heavy Rules<br />
A “top-heavy plan” is one that provides more than 60% of its benefits to “key employees” (defined<br />
in Code Section 416). If a plan becomes top-heavy, the plan must sometimes provide additional<br />
contributions and accelerated vesting to non-key employees. At present, this <strong>Plan</strong> is not “topheavy.”<br />
You will be notified in the unlikely event the <strong>Plan</strong>’s status changes in this regard.<br />
Benefit Protection<br />
The Pension Benefit Guaranty Corporation (“PBGC”) is a government<br />
corporation that insures benefits payable under a tax-qualified defined<br />
benefit plan. Since the <strong>Plan</strong> is a defined contribution plan, its benefits<br />
are not insured by the PBGC.<br />
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XVI. PLAN INFORMATION<br />
Answers to most <strong>Plan</strong> questions can be found in this SPD. If you have further questions, you<br />
should contact the <strong>Plan</strong> Administrator. The information and people listed below can be of<br />
assistance if you need help on a <strong>Plan</strong> matter.<br />
<strong>Plan</strong> Sponsor<br />
Coty Inc.<br />
Two Park Avenue<br />
New York, New York 10016<br />
(212) 479-4300<br />
<strong>Plan</strong> Trustee<br />
The Charles Schwab Trust Company<br />
1 Montgomery Street, 7th Floor<br />
San Francisco, CA 94104<br />
<strong>Plan</strong> Agent for Service of Legal Process<br />
Coty Inc.<br />
Two Park Avenue<br />
New York, New York 10016<br />
(212) 479-4300<br />
Legal Process may also be served on the<br />
Trustee or <strong>Plan</strong> Administrator.<br />
<strong>Plan</strong> Identification<br />
The <strong>Plan</strong> is identified by EIN 13-3823358,<br />
which is the Employer Identification Number<br />
assigned to the <strong>Plan</strong> Sponsor by the Internal<br />
Revenue Service for tax purposes.<br />
The number assigned to the <strong>Plan</strong> by the<br />
<strong>Plan</strong> Sponsor is 002.<br />
<strong>Plan</strong> Type<br />
The <strong>Plan</strong> is a defined contribution plan<br />
qualified under Section 401(k) of the Code.<br />
The <strong>Plan</strong> allows other employers to adopt its<br />
provisions. You or your beneficiaries may<br />
examine or obtain a complete list of<br />
employers, if any, who have adopted your<br />
<strong>Plan</strong> by making a written request to the <strong>Plan</strong><br />
Administrator.<br />
<strong>Plan</strong> Administrator<br />
The <strong>Plan</strong> is administered by Coty Inc.<br />
through its <strong>Plan</strong> Administrative Committee:<br />
<strong>Plan</strong> Administrative Committee<br />
c/o Coty Inc.<br />
Two Park Avenue<br />
New York, New York 10016<br />
(212) 479-4300<br />
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XVII. STATEMENT OF ERISA RIGHTS – YOUR RIGHTS UNDER FEDERAL LAW<br />
As a participant in the <strong>Plan</strong> described in this SPD, you are<br />
entitled to certain rights and protections under ERISA. ERISA<br />
provides that all <strong>Plan</strong> participants will be entitled to:<br />
• Examine, without charge, at the <strong>Plan</strong> Administrator’s office<br />
and at other specified locations, such as worksites and union<br />
halls, all documents governing the <strong>Plan</strong>, including insurance<br />
contracts and collective bargaining agreements, and a copy<br />
of the latest annual report (Form 5500 Series) filed by the<br />
<strong>Plan</strong> with the U.S. Department of Labor.<br />
• Obtain, upon written request to the <strong>Plan</strong> Administrator,<br />
copies of documents governing the operation of the <strong>Plan</strong>,<br />
including insurance contracts and collective bargaining agreements, and copies of the latest<br />
annual report (Form 5500 Series) and updated summary <strong>Plan</strong> description. The <strong>Plan</strong><br />
Administrator may make a reasonable charge for the copies.<br />
• Receive a summary of the <strong>Plan</strong>’s annual financial report. The <strong>Plan</strong> Administrator is required<br />
by law to furnish each participant with a copy of this summary annual report.<br />
• Obtain a statement telling you your current account balance and whether you have a vested<br />
right to receive a benefit at normal retirement age (age 65). If you do not have a vested right<br />
to a benefit, the statement will tell you how many more years you have to work to earn a<br />
vested right. This statement must be requested in writing and is not required to be given<br />
more than once every 12 months. The <strong>Plan</strong> must provide the statement free of charge.<br />
In addition to creating rights for <strong>Plan</strong> participants, ERISA imposes duties upon the people who are<br />
responsible for the operation of the <strong>Plan</strong>. The people who operate your <strong>Plan</strong>, called “fiduciaries”<br />
of the <strong>Plan</strong>, have a duty to do so prudently and in the interest of you and other <strong>Plan</strong> participants<br />
and beneficiaries. No one, including your employer, your union, or any other person, may fire you<br />
or otherwise discriminate against you in any way to prevent you from obtaining a benefit or<br />
exercising your rights under ERISA.<br />
If your claim for a benefit is denied in whole or in part you must receive a written explanation of<br />
the reason for denial. You have the right to have the <strong>Plan</strong> review and reconsider your claim.<br />
Under ERISA, there are steps you can take to enforce the above rights. For instance, if you<br />
request materials from the <strong>Plan</strong> and do not receive them within 30 days, you may file suit in a<br />
federal court. In such a case, the court may require the <strong>Plan</strong> Administrator to provide the<br />
materials and pay you up to $110 a day until you receive the materials, unless the materials were<br />
not sent because of reasons beyond the control of the administrator. If you have a claim for<br />
benefits that is denied or ignored, in whole or in part, you may file suit in a state or federal court.<br />
In addition, if you disagree with the <strong>Plan</strong>’s decision or lack thereof concerning the qualified status<br />
of a domestic relations order, you may file suit in a federal court.<br />
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If it should happen that the <strong>Plan</strong> fiduciaries misuse the <strong>Plan</strong>’s money, or if you are discriminated<br />
against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or<br />
you may file suit in a federal court. The court will decide who should pay court costs and legal<br />
fees. If you are successful the court may order the person you have sued to pay these costs and<br />
fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your<br />
claim is frivolous.<br />
If you have any questions about your <strong>Plan</strong>, you should contact the <strong>Plan</strong> Administrator at the<br />
number listed above. If you have any questions about this statement or about your rights under<br />
ERISA, you should contact the nearest office of the Employee Benefits Security Administration,<br />
U.S. Department of Labor, listed in your telephone directory or the Division of Technical<br />
Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor,<br />
200 Constitution Avenue NW, Washington, D.C. 20210. You may also obtain certain publications<br />
about your rights and responsibilities under ERISA by calling the publications hotline of the<br />
Employee Benefits Security Administration.<br />
31