Pension SPD

The Name and Type of Administration of the Plan.
Producer-Writers Guild of America Pension Plan
Collectively Bargained,
Joint-trusteed Labor-Management Trust.
This is a defined benefit pension plan.
Name and Address of the Person Designated as Agent for the Service of Legal Process.
Mitchel D. Whitehead, Esq.
Seyfarth Shaw LLP
One Century Plaza
2029 Century Park East, Suite 3300
Los Angeles, CA 90067-3063
Service of legal process may also be made on a Plan Director or the Chief Executive Officer.
Name and Address of the Administrator.
Same as Item 4 below.
The Directors have employed the person named below to perform the routine administration of the Plan.
Terence L. Young
Chief Executive Officer
Producer-Writers Guild of America Pension Plan
1015 North Hollywood Way
Burbank, CA 91505-2547
Names, Titles and Addresses of any Director or Directors.
DIRECTORS
Employer Directors
Jean Bonini
Sony Pictures Entertainment
10202 W. Washington Blvd., SPP 5406
Culver City, CA 90232

J. Nicholas Counter, III
AMPTP
15503 Ventura Blvd.
Encino, CA 91436-3140

Bernard Gehan
National Broadcasting Co.
3000 West Alameda Avenue
Room 301
Burbank, CA 91523

Harry Isaacs
CBS Inc.
7800 Beverly Blvd.
Los Angeles, CA 90036-2165

Stephen Koppekin
Paramount Pictures Corp.
5555 Melrose Avenue
Los Angeles, CA 90038

Richard Levin
Warner Bros.
4000 Warner Blvd., Bldg. 2
Burbank, CA 91522

Marc Sandman
ABC, Inc.
500 S. Buena Vista Street
Burbank, CA 91521-4481

Mark Stubington
Walt Disney Pictures & Television
500 Buena Vista Street
Burbank, CA 91521

Guild Directors
Tim Lea

Michael Mahern
Writers Guild of America, west, Inc.
7000 W. Third Street
Los Angeles, CA 90048

George Malko
Writers Guild of America, East, Inc.
555 West 57th Street
New York, NY 10019

Richard Mittleman
Writers Guild of America, west, Inc.
7000 W. Third Street
Los Angeles, CA 90048 Administration Information

Lowell Peterson
Writers Guild of America, East, Inc.
555 West 57th Street
New York, NY 10019

Jonathan Rintels, Jr.
Writers Guild of America, west, Inc.
7000 W. Third Street
Los Angeles, CA 90048

Robin Swicord

Ann Widdifield
Writers Guild of America, west, Inc.
7000 W. Third Street
Los Angeles, CA 90048

ALTERNATE DIRECTORS
Employer Directors
Helayne Antler
AMPTP
15503 Ventura Boulevard
Encino, CA 91436-3140

David Clark
Universal Studios, Inc.
100 Universal Plaza, LRW/10
Universal City, CA 91608

Jill Glosser

J. Keith Gorham

Carol Lombardini
AMPTP
15503 Ventura Boulevard
Encino, CA 91436-3140

John A. Mendonsa
ABC, Inc.
500 S. Buena Vista Street
Burbank, CA 91521-4488

Jennifer Rubin
Wayne Runyon
20th Century Fox
10210 W. Pico Blvd.
Los Angeles, CA 90035

Leon Schulzinger
CBS
7800 Beverly Blvd.
Los Angeles, CA 90036-2165

Lee Steinberg
Sony Pictures Entertainment
10202 W. Washington Blvd., SPP 5412
Culver City, CA 90232

Guild Directors
Neal Baer
Writers Guild of America, west, Inc.
7000 W. Third Street
Los Angeles, CA 90048

Barbara Greyhosky
Writers Guild of America, west, Inc.
7000 W. Third Street
Los Angeles, CA 90048

Chris Keyser

Daniel Knauf
Writers Guild of America, west, Inc.
7000 W. Third Street
Los Angeles, CA 90048

Daryl G. Nickens
Writers Guild of America, west, Inc.
7000 W. Third Street
Los Angeles, CA 90048

Grace Reiner
Writers Guild of America, west, Inc.
7000 W. Third Street
Los Angeles, CA 90048

Victoria Riskin
Writers Guild of America, west, Inc.
7000 W. Third Street
Los Angeles, CA 90048

Adam Rodman
Writers Guild of America, west, Inc.
7000 W. Third Street
Los Angeles, CA 90048

Robert Schneider
Internal Revenue Service Employer Identification Number (EIN) and Plan Number.
The EIN issued to the Board of Directors is 95-2216351. The Plan Number is 001.
Collective Bargaining Agreements.
The Plan is maintained pursuant to more than one collective bargaining agreement. Copies of any of the collective bargaining agreements may be obtained by Participants and Beneficiaries upon written request to the Plan Administrator and are available for examination by Participants and Beneficiaries at the Administrative Office, in the principal offices of the employee organizations (Writers Guild of America, west, Inc., and Writers Guild of America, East, Inc.) and at each employer establishment at which at least 50 Participants are customarily working.
Record-keeping Period.
The record keeping period is the Plan Year which is the consecutive 12-month period from January 1 to December 31 of any year.
Pension Benefit Guaranty Corporation.
Your pension benefits under this multiemployer plan are insured by the Pension Benefit Guaranty Corporation (PBGC), a federal insurance agency. A multiemployer plan is a collectively bargained pension arrangement involving two or more unrelated employers, usually in a common industry.

Under the multiemployer plan program, the PBGC provides financial assistance through loans to plans that are insolvent. A multiemployer plan is considered insolvent if the plan is unable to pay benefits (at least equal to the PBGC’s guaranteed benefit limit) when due.

The maximum benefit that the PBGC guarantees is set by law. Under the multiemployer program, the PBGC guarantee equals a participant’s years of service multiplied by (1) 100% of the first $5 of the monthly benefit accrual rate and (2) 75% of the next $15. The PBGC’s maximum guarantee limit is $16.25 per month times a participant’s years of service. For example, the maximum annual guarantee for a retiree with 30 years of service would be $5,850.

The PBGC guarantee generally covers: (1) Normal and early retirement benefits; (2) if applicable, disability benefits if you become disabled before the plan becomes insolvent; and (3) certain benefits for your survivors.

The PBGC guarantee generally does not cover: (1) Benefits greater than the maximum guaranteed amount set by law; (2) benefit increases and new benefits based on plan provisions that have been in place for fewer than five years at the earlier of: (i) The date the plan terminates or (ii) the time the plan becomes insolvent; (3) benefits that are not vested because you have not worked long enough; (4) benefits for which you have not met all of the requirements at the time the plan becomes insolvent; and (5) non-pension benefits, such as health insurance, life insurance, certain death benefits, vacation pay and severance pay.

For more information about the PBGC and the benefits it guarantees, ask your Plan Administrator or contact the PBGC’s Technical Assistance Division, 1200 K Street N.W., Suite 930, Washington, D.C. 20005-4026 or call 202-326-4000 (not a toll-free number). TTY/TDD users may call the federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4000. Additional information about the PBGC’s pension insurance program is available through the PBGC’s website on the Internet at http://www.pbgc.gov.
Source of Financing of the Plan and Identity of any Organization Through Which Benefits Are Provided.
All contributions to the Trust Fund are made by Employers in accordance with their collective bargaining agreements. The Administrative Office will provide you, upon written request, information as to whether a particular employer is contributing to this Plan on behalf of employees working under the collective bargaining agreement and the address of any such employer.

Most benefits are provided from the Trust Fund’s assets which are accumulated under the provisions of the collective bargaining agreements and the Trust Agreement and are held in a Trust Fund for the purpose of providing benefits to covered employees and defraying reasonable administrative expenses.

The Trust Fund’s assets are held by The Northern Trust Company, as Trustee, whose address is:

The Northern Trust Company
50 South LaSalle Street
Chicago, IL 60675

The investment managers are:
Alliance Capital Management L.P.
709 Westchester Avenue
White Plains, NY 10604

Bank of Ireland Asset Management
2425 Colorado Avenue, #212
Santa Monica, CA 90404

The Boston Company Asset Management, LLC
400 South Hope Street, Suite 400
Los Angeles, CA 90071

Boston Partners Asset Management, LP
28 State Street, 21st Floor
Boston, MA 02109

Cambiar Investors, Inc.
2401 East Second St., Ste. 400
Denver, CO 80206

Capital Guardian Trust Company
333 S. Hope St., 51st Floor
Los Angeles, CA 90071

DLJ Asset Management Group
277 Park Avenue, 25th Floor
New York, NY 10172

First Pacific Advisors
11400 W. Olympic Blvd., #1200
Los Angeles, CA 90064

Heitman/PRA Securities
180 N. LaSalle Street
Suite 3600
Chicago, IL 60601

Janus
100 Fillmore Street
Denver, CO 80206-4928

J.P. Morgan
522 5th Avenue, 12th Floor
New York, NY 10036

Lazard Asset Management
30 Rockefeller Plaza, 57th Floor
New York, NY 10112-6300

McMorgan & Company
3500 W. Olive Ave.
Suite 690
Burbank, CA 91505

Metropolitan West
11766 Wilshire Blvd., #1580
Los Angeles, CA 90025

The Plan is supported entirely by Employer contributions, each Employer contributing an amount equal to 6% of the Covered Earnings of writers in its employ. Such contributions are made only on account of writing services performed as an employee of an Employer (earnings as a director or producer, for example, are not included).

Covered Earnings are limited to $200,000 per writer/writing team per picture in theatrical motion picture employment and in television, the agreed upon initial compensation of the writer or 2-1/2 times the applicable WGA minimum compensation, whichever is greater. Covered Earnings do not include royalties or profit participation or sale of original material, but do include deferred payments of salary. However, if an Employer purchases literary material from a writer and employs that writer to do a rewrite or polish on the material, the Employer must make a contribution to the Plan based upon the purchase price of the material and the fee for the rewrite or polish. Federal law limits the amount of compensation that the Plan may recognize for purposes of benefit accrual. Please refer to Compensation Limitation.
Description of Provisions for Non-Forfeitable Pension Benefits.
A Participant achieves vested status upon accumulating five Qualified Years (not counting Qualified Years forfeited prior to January 1, 1998, due to a permanent Break in Service) or attainment of Normal Retirement Date. Please note that vesting requirements were different prior to January 1, 1998. ( See section on Normal Retirement Age.)
Description of Circumstances Which May Result in Disqualification, Ineligibility or Loss of Benefits.
a. In addition to other circumstances described in this summary (such as not being vested, insufficient contributions or Qualified Years to earn a death benefit, etc.), prior to January 1, 1986, a Participant might incur a Break in Service upon failure to earn a Qualified Year for three consecutive Plan Years. Between January 1, 1986, and December 31, 1997, a Participant may incur a Break in Service upon failure to earn a Qualified Year for five consecutive Plan Years. See section on Break in Service.

b. A Participant will not start to receive a retirement benefit until the first of the month following 30 days after the date on which an application for retirement benefit is filed at the Administrative Office.
Claims and Appeals Procedure.
a. Procedure for Filing Claims for Benefits.
Applications for benefits under the Plan may be made by filling out the appropriate forms available at the Administrative Office and delivering them to the Administrator. If the Participant has a claim with respect to the operation of the Plan as distinguished from an application for benefits under the Plan, a written document may be filed with the Administrator of the Plan setting forth all facts relevant to such claims.

The Administrator shall decide a claim or refer it to the Benefits Committee or other appropriate committee. The person or committee to which the application for benefits or claim is referred shall promptly review it and reach a decision as to whether it should be approved or denied. The decision of the Benefits Committee or other appropriate committee, as applicable, shall be final and binding upon all parties, subject only to the review procedures contained in Sections c and d following.

No employee, Participant, retiree, Beneficiary or other person shall have any right or claim to benefits under the Plan other than as specified in the Plan.

b. Notice of Decision.
Within 90 days (unless circumstances require an extension of time for processing, in which case up to an additional 90 days may be taken) after filing of the application for benefits or claim, the Administrator will forward to the claimant a written notice of decision of the Benefits Committee, Administrator, or other appropriate person or committee, as applicable, where such decision is a denial, in whole or in part, of the application for benefits, or an adverse decision, in whole or in part, with respect to the claim. In such written notice the Administrator will set forth in clear, understandable language the following information:

(i) The specific reason or reasons for the denial of the application for benefits or claim;
(ii) Specific reference to pertinent provisions of the Plan upon which the decision is based;
(iii) Description of any additional material or information which is necessary for the claimant to perfect the application for benefits or claim, and an explanation of why such material or explanation is necessary; and
(iv) An explanation of the procedure to obtain a review of the decision and the period within which such procedure should be commenced, including a statement of the claimant’s right to bring a civil action under ERSIA Section 502(a) following an adverse benefit determination on review.

c. Petition for Review of Adverse Decision.
If the application for benefits or claim is denied, either by a notice from the Administrator as set forth in Section b or by the claimant’s failure to receive a response from the Administrator within the 90 days specified in Section b, the claimant is entitled to a further review of the application for benefits or claim. Within 60 days after the date shown on the notice from the Administrator of the adverse decision, the claimant may file a petition for review with the Administrator. Such petition for review shall be in writing and must state in clear and concise terms the reason or reasons for disagreement with the decision of the Benefits Committee, Administrator, or other appropriate person or committee, as applicable, must be signed by the claimant and must show the claimant’s mailing address.

In connection with the petition for review, the claimant has the following rights:

(i) To authorize someone else to represent the claimant in the reviewing process by filing with the Administrator, along with the petition for review, the name of the representative and a written representation authorization in a document signed by the claimant and the designated representative;
(ii) Upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relating to the claim for benefits;
(iii) The claimant or representative may submit to the Administrator (for submission to the Benefits Committee or other committee) comments, documents, records, and arguments in writing; and
(iv) A review that takes into account all comments, documents, records, and other information submitted by the claimant relating to the claim, even if such information was not submitted or considered in the initial benefit determination.

d. Review Procedure.
The Administrator shall refer the petition for review and other written material in connection therewith to the Benefits Committee or, if appropriate, another committee.

The appropriate committee shall review the petition and other written material and, in that regard, may request additional information from the claimant or other parties. The committee may in its discretion, provide for a hearing or may request additional information from the claimant or other parties. Any hearing shall be held only after reasonable notice to the claimant or representative, if any, and the claimant and representative shall be entitled to submit information relevant to the subject matter of the hearing. The committee may, in its discretion, permit personal appearances at the hearing.

After completing its review, the committee shall render a decision on the petition for review. The decision shall be rendered no later than the first meeting occurring at least 30 days following the receipt by the Administrator of the request for review; provided, however, that where there are special circumstances such as the need to hold a hearing or to obtain information from other parties, the committee may take longer to render a decision but not later than the third meeting after receipt of the petition by the Administrator. The decision of the committee shall be in writing and shall specify the reasons for the decision, written in a manner calculated to be understood by the claimant, and shall include specific reference to the pertinent provisions of the Plan on which its decision is based.

The decision of the committee with respect to the petition for review shall be final and binding upon the claimant and any person claiming under the claimant. The provisions of this procedure shall apply to and include any and every claim to benefits from the Plan and any claim or right asserted under the Plan regardless of when the act or omission upon which the claim is based occurred. The claimant shall be notified of the final benefit determination no later than five days after the benefit determination is made. In such written notice the Administrator will set forth in clear, understandable language the following information:

(i) The specific reason or reasons for the adverse determination;
(ii) Reference to the specific Plan provisions on which the benefit determination is based;
(iii) A statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the claimant’s claim for benefits; and
(iv) A statement of the claimant’s right to bring an action under ERISA Section 502(a).

e. Failure to File a Petition for Review.
A claimant’s failure to file a petition for review within the 60-day period set forth in Section c shall constitute a waiver of the claimant’s right to reconsideration of the decision on the basis of the information and evidence submitted prior to the decision.

f. Statute of Limitations.
No claimant may bring a lawsuit for a benefit claim more than two years from the date the Plan makes a final decision on the claim.
Statement of ERISA Rights.
As a Participant in the Producer-Writers Guild of America Pension Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all Participants shall be entitled to:

Receive Information About Your Plan and Benefits
Examine, without charge, at the Administrative Office and at other specified locations, such as worksites and the Guild Offices, all documents governing the Plan, including insurance contracts and collective bargaining agreements, and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Pension and Welfare Benefits Administration.

Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the Plan, including insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 Series) and updated summary plan Administration Information description. The Administrator may make a reasonable charge for the copies.

Receive a summary of the Plan’s annual financial report. The Plan Administrator is required by law to furnish each Participant with a copy of this summary annual report.

Obtain a statement telling you whether you have a right to receive a pension at normal retirement age (age 65) and if so, what your benefits would be at normal retirement age if you stop working under the Plan now. If you do not have a right to a pension, the statement will tell you how many more years you have to work to get a right to a pension. This statement must be requested in writing and is not required to be given more than once every twelve (12) months. The Plan must provide the statement free of charge.

Prudent Actions by Plan Fiduciaries
In addition to creating rights for Plan Participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your Plan, called “fiduciaries” of the Plan, have a duty to do so prudently and in the interest of you and other Plan Participants and beneficiaries. No one, including your employer, the Guild or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a pension benefit or exercising your rights under ERISA.

Enforce Your Rights
If your claim for a pension benefit is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules.

Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a copy of Plan documents or the latest annual report from the Plan and do not receive them within 30 days, you may file suit in a federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Administrator. If you have a claim for benefits, which is denied or ignored, in whole or in part, you may file suit in a state or federal court. In addition, if you disagree with the Plan’s decision or lack thereof concerning the qualified status of a domestic relations order, you may file suit in federal court. If it should happen that Plan fiduciaries misuse the Plan’s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.

Assistance With Your Questions
If you have any questions about your Plan, you should contact the Plan Administrator. If you have any questions about this statement or about your rights under ERISA, you should contact the nearest office of the Pension and Welfare Benefits Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Pension and Welfare Benefits Administration, U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hot line of the Pension and Welfare Benefits Administration.

This has been a brief explanation of the most important provisions of the Pension Plan. Nothing in this explanation is intended to change in any way the rules expressed in the Plan itself. Your rights, if you are covered by this Plan, can only be determined by consulting the Pension Plan itself.

If you have any questions about the Plan and how it affects you, you should contact the Administrative Office:

Administrative Office
Producer-Writers Guild of America
Pension Plan
1015 North Hollywood Way
Burbank, CA 91505-2547
(818) 846-1015 or (800) 227-7863