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As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 2/27/12 United Parcel Service Inc 10-K 12/31/11 140:23M Donnelley … Solutions/FA |
Document/Exhibit Description Pages Size
1: 10-K Annual Report HTML 1.90M
2: EX-10.1(2) Material Contract HTML 43K
3: EX-10.1(3) Material Contract HTML 118K
4: EX-10.2(4) Material Contract HTML 43K
5: EX-10.2(5) Material Contract HTML 63K
6: EX-10.5 Material Contract HTML 140K
7: EX-10.7(4) Material Contract HTML 57K
8: EX-10.7(5) Material Contract HTML 69K
11: EX-21 Subsidiaries List HTML 43K
12: EX-23 Consent of Experts or Counsel HTML 39K
9: EX-12 Statement re: Computation of Ratios HTML 54K
10: EX-18 Letter re: Change in Accounting Principles HTML 39K
13: EX-31.1 Certification -- §302 - SOA'02 HTML 44K
14: EX-31.2 Certification -- §302 - SOA'02 HTML 44K
15: EX-32.1 Certification -- §906 - SOA'02 HTML 39K
16: EX-32.2 Certification -- §906 - SOA'02 HTML 39K
95: R1 Document and Entity Information HTML 69K
73: R2 Consolidated Balance Sheets HTML 170K
90: R3 Consolidated Balance Sheets (Parenthetical) HTML 43K
99: R4 Statements of Consolidated Income HTML 108K
128: R5 Statements of Consolidated Comprehensive Income HTML 78K
77: R6 Statements of Consolidated Cash Flows HTML 189K
89: R7 Summary of Accounting Policies HTML 113K
66: R8 Cash and Investments HTML 169K
55: R9 Finance Receivables HTML 93K
130: R10 Property, Plant and Equipment HTML 57K
101: R11 Company-Sponsored Employee Benefit Plans HTML 355K
100: R12 Multiemployer Employee Benefit Plans HTML 130K
108: R13 Business Acquisitions, Goodwill and Intangible HTML 80K
Assets
109: R14 Debt and Financing Arrangements HTML 106K
105: R15 Legal Proceedings and Contingencies HTML 53K
110: R16 Shareowners' Equity HTML 166K
91: R17 Stock-Based Compensation HTML 103K
96: R18 Segment and Geographic Information HTML 107K
103: R19 Income Taxes HTML 133K
139: R20 Earnings Per Share HTML 62K
119: R21 Derivative Instruments and Risk Management HTML 153K
83: R22 Restructuring Costs and Business Dispositions HTML 45K
102: R23 Subsequent Events HTML 41K
86: R24 Quarterly Information (Unaudited) HTML 114K
44: R25 Summary of Accounting Policies (Policies) HTML 192K
121: R26 Summary of Accounting Policies (Tables) HTML 82K
135: R27 Cash and Investments (Tables) HTML 177K
60: R28 Finance Receivables (Tables) HTML 96K
59: R29 Property, Plant and Equipment (Tables) HTML 52K
64: R30 Company-Sponsored Employee Benefit Plans (Tables) HTML 350K
65: R31 Multiemployer Employee Benefit Plans (Tables) HTML 121K
67: R32 Business Acquisitions, Goodwill and Intangible HTML 80K
Assets (Tables)
32: R33 Debt and Financing Arrangements (Tables) HTML 92K
117: R34 Shareowners' Equity (Tables) HTML 159K
81: R35 Stock-Based Compensation (Tables) HTML 93K
84: R36 Segment and Geographic Information (Tables) HTML 103K
49: R37 Income Taxes (Tables) HTML 133K
138: R38 Earnings Per Share (Tables) HTML 59K
23: R39 Derivative Instruments and Risk Management HTML 144K
(Tables)
70: R40 Quarterly Information (Unaudited) (Tables) HTML 115K
126: R41 SUMMARY OF ACCOUNTING POLICIES - Additional HTML 88K
Information (Detail)
46: R42 Impacts of All Adjustments Made to Financial HTML 126K
Statements (Detail)
58: R43 Summary of Marketable Securities (Detail) HTML 72K
63: R44 CASH AND INVESTMENTS - Additional Information HTML 64K
(Detail)
74: R45 Age of Gross Unrealized Losses and Fair Value by HTML 71K
Investment Category (Detail)
31: R46 Amortized Cost and Estimated Fair Value of HTML 71K
Marketable Securities by Contractual Maturity
(Detail)
54: R47 Investments Measured at Fair Value on a Recurring HTML 69K
Basis (Detail)
26: R48 Changes in Level 3 Instruments Measured on a HTML 67K
Recurring Basis (Detail)
124: R49 Summary of Finance Receivables (Detail) HTML 53K
45: R50 FINANCE RECEIVABLES - Additional Information HTML 55K
(Detail)
118: R51 Rollforward of Allowance for Credit Losses on HTML 51K
Finance Receivables (Detail)
50: R52 Allocation of Finance Receivables Portfolio by HTML 53K
Risk Rating Category (Detail)
71: R53 Aging Analysis of Finance Receivables (Detail) HTML 57K
25: R54 Analysis of Impaired Finance Receivables (Detail) HTML 57K
28: R55 The Carrying Value of Finance Receivables by HTML 55K
Contractual Maturity (Detail)
62: R56 Property Plant and Equipment (Detail) HTML 71K
36: R57 PROPERTY, PLANT AND EQUIPMENT - Additional HTML 46K
Information (Detail)
131: R58 EMPLOYEE BENEFIT PLANS - Additional Information HTML 103K
(Detail)
79: R59 Net Periodic Benefit Cost for Company Sponsored HTML 76K
Pension and Postretirement Benefit Plans (Detail)
106: R60 Weighted Average Actuarial Assumptions Used to HTML 53K
Determine the Net Periodic Benefit Cost (Detail)
53: R61 Weighted Average Actuarial Assumptions Used to HTML 47K
Determine the Benefit Obligations (Detail)
56: R62 Effects of One Percent Change in Assumed Health HTML 51K
Care Cost Trend (Detail)
115: R63 Reconciliation of the Changes in the Plans' HTML 124K
Benefit Obligations and Fair Value of Plan Assets
(Detail)
111: R64 Funded Status as of the Respective Measurement HTML 104K
Dates in Each Year and the Amounts Recognized in
Balance Sheet (Detail)
82: R65 Projected Benefit Obligation, Accumulated Benefit HTML 62K
Obligation, and Fair Value of Plan Assets for
Pension Plans With an Accumulated Benefit
Obligation in Excess of Plan Assets (Detail)
113: R66 Amounts in AOCI Expected to be Amortized and HTML 44K
Recognized as a Component of Net Periodic Benefit
Cost (Detail)
51: R67 Fair Values of U.S. Pension and Postretirement HTML 161K
Benefit Plan Assets by Asset Category as Well as
the Percentage That Each Category Comprises of
Total Plan Assets and the Respective Target
Allocations (Detail)
87: R68 Fair Value Measurement of Plan Assets Using HTML 83K
Unobservable Inputs (Detail)
134: R69 Expected Cash Flows for Pension and Postretirement HTML 70K
Benefit Plans (Detail)
27: R70 UPS's Participation in Multiemployer Plans HTML 102K
(Detail)
43: R71 Multi-Employer Health and Welfare Plans (Detail) HTML 71K
72: R72 Allocation of Goodwill by Reportable Segment HTML 57K
(Detail)
34: R73 BUSINESS ACQUISITIONS, GOODWILL AND INTANGIBLE HTML 64K
ASSETS - Additional Information (Detail)
137: R74 Summary of Intangible Assets (Detail) HTML 60K
47: R75 Carrying Value of Debt Obligations (Detail) HTML 78K
38: R76 Carrying Value of Debt Obligations (Parenthetical) HTML 44K
(Detail)
42: R77 DEBT AND FINANCING ARRANGEMENTS - Additional HTML 241K
Information (Detail)
29: R78 Recorded Value of Property, Plant and Equipment HTML 55K
Subject To Capital Leases (Detail)
33: R79 Aggregate Minimum Lease Payments , Annual HTML 141K
Principal Payments and Amounts Expected to be
Spent for Purchase Commitments (Detail)
97: R80 SHAREOWNERS' EQUITY - Additional Information HTML 79K
(Detail)
40: R81 Roll-forward of Common Stock, Additional Paid-in HTML 123K
Capital, and Retained Earnings Accounts (Detail)
132: R82 Roll-forward of Common Stock, Additional Paid-in HTML 42K
Capital, and Retained Earnings Accounts
(Parenthetical) (Detail)
68: R83 Activity in Accumulated Other Comprehensive Income HTML 90K
(Loss) (Detail)
104: R84 Activity in Accumulated Other Comprehensive Income HTML 67K
(Loss) (Parenthetical) (Detail)
112: R85 Activity in Deferred Compensation Program (Detail) HTML 68K
39: R86 Activity Related to Noncontrolling Interests HTML 56K
(Detail)
41: R87 STOCK-BASED COMPENSATION - Additional Information HTML 100K
(Detail)
129: R88 Restricted Stock Units Outstanding, Including HTML 93K
Reinvested Dividends (Detail)
35: R89 Options to Purchase Shares of Class A Common Stock HTML 105K
Issued and Outstanding (Detail)
98: R90 Fair Value of Employee Stock Options Granted as HTML 56K
Determined by Black-Scholes Valuation Model
Assumptions (Detail)
94: R91 Summarized Information about Stock Options HTML 71K
Outstanding and Exercisable (Detail)
116: R92 SEGMENT AND GEOGRAPHIC INFORMATION - Additional HTML 46K
Information (Detail)
93: R93 Segment Information (Detail) HTML 68K
78: R94 Revenue by Product Type (Detail) HTML 67K
123: R95 Geographic Information (Detail) HTML 63K
75: R96 Income Tax Expense Benefit (Detail) HTML 85K
48: R97 Income Before Income Taxes (Detail) HTML 47K
85: R98 Reconciliation of Statutory Federal Income Tax HTML 64K
Rate to Effective Income Tax Rate (Detail)
80: R99 INCOME TAXES - Additional Information (Detail) HTML 80K
61: R100 Deferred Tax Liabilities and Assets (Detail) HTML 111K
140: R101 U.S. State and Local Operating Loss and Credit HTML 47K
Carryforwards (Detail)
114: R102 Summarized Activity Related to Unrecognized Tax HTML 66K
Benefits (Detail)
92: R103 Computation of Basic and Diluted Earnings Per HTML 98K
Share (Detail)
30: R104 EARNINGS PER SHARE - Additional Information HTML 45K
(Detail)
125: R105 DERIVATIVE INSTRUMENTS AND RISK MANAGEMENT - HTML 47K
Additional Information (Detail)
133: R106 Notional Amounts of Outstanding Derivative HTML 46K
Positions (Detail)
127: R107 Balance sheet location of derivative assets and HTML 65K
liabilities and their related fair values (Detail)
88: R108 Amount and Location in the Income Statement for HTML 54K
Derivatives Designed as Cash Flow Hedges (Detail)
37: R109 Amount and Location in the Income Statement for HTML 45K
Derivatives Designated as Fair Value Hedges
(Detail)
107: R110 Amount Recorded in Income Statements for Foreign HTML 43K
Currency Forward Contracts Not Designated as
Hedges (Detail)
52: R111 Fair Values of Derivative Assets and Liabilities HTML 55K
by Hedge Type (Detail)
24: R112 RESTRUCTURING COSTS AND BUSINESS DISPOSITIONS - HTML 60K
Additional Information (Detail)
76: R113 Quarterly Information (Detail) HTML 74K
69: R114 Quarterly Information (unaudited) - Additional HTML 71K
Information (Detail)
120: R115 Impact of Accounting Policy Change on our HTML 72K
Previously Reported Information (Detail)
136: XML IDEA XML File -- Filing Summary XML 215K
57: EXCEL IDEA Workbook of Financial Reports (.xls) XLS 3.82M
17: EX-101.INS XBRL Instance -- ups-20111231 XML 5.96M
19: EX-101.CAL XBRL Calculations -- ups-20111231_cal XML 395K
20: EX-101.DEF XBRL Definitions -- ups-20111231_def XML 2.21M
21: EX-101.LAB XBRL Labels -- ups-20111231_lab XML 2.87M
22: EX-101.PRE XBRL Presentations -- ups-20111231_pre XML 2.49M
18: EX-101.SCH XBRL Schema -- ups-20111231 XSD 459K
122: ZIP XBRL Zipped Folder -- 0001193125-12-081067-xbrl Zip 416K
| EX-10.2(5) |
Exhibit 10.2(5)
Execution Copy
AMENDMENT NUMBER FIVE
TO THE
UPS SAVINGS PLAN
AMENDMENT AND RESTATEMENT
EFFECTIVE AS OF DECEMBER 31, 2008
WHEREAS, United Parcel Service of America, Inc. (the “Company”) and its affiliated corporations maintain the UPS Savings Plan (the “Plan”) as amended and restated effective as of December 31, 2008;
WHEREAS, the Board of Directors of the Company (“Board”) reserved the right in Section 14.1 of the Plan to amend, modify or change the Plan from time to time;
WHEREAS, the Board desires to amend the Plan to (1) permit certain participants eligible to participate in The Teamster—UPS National 401(k) Tax Deferred Savings Plan (the “Teamster 401(k) Plan”) an opportunity to transfer their Plan account to the Teamster 401(k) Plan, (2) permit certain participants eligible to participate in the I.A.M National 401(k) (the “IAM Plan”) an opportunity to transfer their Plan account to the IAM Plan, (3) provide that Catch-Up Contributions may not be made from MIP cash advance payments made in December 2011 and that Roth Contributions may not be made from MIP awards, (4) clarify that certain elective deferrals and Roth contributions made to another UPS defined contribution plan are included in determining the SavingsPLUS Contribution (5) clarify that Roth Contributions may be made from compensation for unused discretionary days (6) define “MIP” to include the UPS Management Incentive Program and the UPS International Management Incentive Program (7) permit participants to make a separate deferral election for certain sales incentive payments, (8) clarify that eligible compensation is limited by Code § 415(c)(3) and the applicable regulations and (9) provide for its operation regarding the 2009 minimum required distributions.
NOW THEREFORE, pursuant to the authority vested in the Board of Directors of United Parcel Service of America, Inc. by Section 14.1 of the UPS Savings Plan (“Plan”), the Plan is hereby amended as follows:
1. Section 1.19(d) is hereby amended, effective May 1, 2011, to read as follows:
(d) MIP awards (other than the portion of a MIP award that a Participant may elect to have paid in the form of cash and only for purposes of determining that Participant’s Pre-Tax Contributions and After-Tax Contributions);
2. Section 1.19(d) is hereby further amended, effective for limitation years beginning on or after July 1, 2007, to insert a new paragraph at the end of such Section to read as follows:
Effective for limitation years (as defined in § 5.2(a)) beginning on or after July 1, 2007, Eligible Compensation includes only “compensation” as defined in Code § 415(c)(3) and Section 3.2 of Appendix 5.2, Maximum Benefits.
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3. Article I, DEFINITONS, is hereby amended, effective May 1, 2011, by inserting a new Section 1.35A to read as follows:
Section 1.35A MIP - means the UPS Management Incentive Program and the UPS International Management Incentive Program, each as in effect from time to time.
4. Section 1.42, Pre-Tax Contribution, is hereby amended, effective December 31, 2008, to read as follows:
Section 1.42 Pre-Tax Contribution - means a contribution to the Plan at the election, or deemed election, of a Participant in accordance with Section 3.1, Pre-Tax Contributions and Section 3.3, Roth Contributions. However, the term “Pre-Tax Contributions” shall not include Roth Contributions for purposes of Sections 1.43, Pre-Tax Contribution Account; 3.1, Pre-Tax Contributions; or 9.8(c), Hardship Withdrawals.
Additionally, the following elective deferrals and Roth contributions will be treated as Pre-Tax Contributions for purposes of determining the SavingsPLUS Contribution (a) with respect to an individual who becomes eligible to make Pre-Tax Contributions under the Plan during any Plan Year as a result of his or her no longer being covered under a collective bargaining agreement, his or her elective deferrals (within the meaning of Code § 402(g)) and Roth contributions (within the meaning of Code § 402A) under a Collectively Bargained Plan prior to the latest date in such Plan Year on which he or she became eligible to make Pre-Tax Contributions (other than elective deferrals and Roth contributions with respect to which a matching contribution (within the meaning of Code § 401(m)) of any amount was made under the Collective Bargaining Plan) and (b) with respect to an individual who was a participant in a plan that merged into and became a part of the Plan who becomes eligible to make Pre-Tax Contributions as a result of a merger of that plan into the Plan, his or her elective deferrals (within the meaning of Code § 402(g)) and Roth contributions (within the meaning of Code § 402A) made under such merged plan in the Plan Year in which he or she first became eligible to make Pre-Tax Contributions.
5. Section 1.47, Regular Eligible Compensation, is hereby amended, effective May 1, 2011, to read as follows:
Section 1.47 Regular Eligible Compensation - means Eligible Compensation excluding half month, compensation for unused discretionary days and the portion of the MIP award that a Participant may elect to have paid in the form of cash.
6. Section 2.3, Transfers, is hereby amended, effective April 29, 2011, by inserting two new Sections 2.3(c) and 2.3(d) to read as follows:
(c) Transfer to the Teamster 401(k) Plan Notwithstanding Section 2.3(a) and subject to the requirements of this Section 2.3(c), a Participant who is an Employee and eligible to participate in The Teamster - UPS National 401(k) Tax Deferred Savings Plan (the “Teamster 401(k) Plan”) may elect to have all of the investments of his or her Account, other than his or her loan(s), liquidated and converted to cash and the amount of such cash and the loan(s) transferred to the trustees of the Teamster 401(k) Plan. Such transfer election must be completed between April 29, 2011 and July 15, 2011 in accordance with procedures established by the Committee or its designees. The transfer from the Plan to the Trustees of the Teamster 401(k) Plan shall be completed on or about August 1, 2011. A Participant shall not be eligible to transfer his or her Account to the
2
Teamster Plan if he or she has a domestic relations order under review by the Committee on the date the transfer is completed. If a Participant who is eligible to participate in the Teamster 401(k) Plan does not elect to transfer his or her Account to the Teamster 401(k) Plan, he or she will be subject to Section 2.3(a).
(d) Transfer to the IAM National Plan Notwithstanding Section 2.3(a) and subject to the requirements of this Section 2.3(c), a Participant who is an Employee and eligible to participate in The I. A. M. National 401(k) Plan (the “IAM 401(k) Plan”) may elect to have all of the investments of his or her Account, other than his or her loan(s), liquidated and converted to cash and the amount of such cash and the loan(s) transferred to the trustees of the IAM 401(k) Plan. Such transfer election must be completed between July 15, 2011 and September 16, 2011 in accordance with procedures established by the Committee or its designees. The transfer from the Plan to the Trustees of the IAM Plan shall be completed on or about September 23, 2011. A Participant shall not be eligible to transfer his or her Account to the IAM Plan if he or she has a domestic relations order under review by the Committee on the date the transfer is completed. If a Participant who is eligible to participate in the IAM 401(k) Plan does not elect to transfer his or her Account to the IAM 401(k) Plan, he or she will be subject to Section 2.3(a).
7. Section 3.1(a) is hereby amended, effective January 1, 2012, to insert a new Section 3.1(a)(5) immediately following Section 3.1(a)(4), to read as follows:
(5) effective January 1, 2012, from 1% to 100%, in 1% increments, of the portion of his or her Eligible Compensation attributable to sales incentive program bonus payments.
8. Section 3.1(a)(4) is hereby amended, effective May 1, 2011, to read as follows:
(4) from 1% to 100%, in 1% increments, of the portion of his or her Eligible Compensation attributable to the portion of his or her MIP award that he or she may elect to have paid in the form of cash (less amounts withheld for FICA and Medicare taxes).
9. Section 3.1(c), Catch-Up Contributions, is hereby amended, effective September 1, 2011, to read as follows:
(c) Catch-Up Contributions. Effective as of August 1, 2002, subject to the rules and limitations in this Section 3.1 and in Article 5 except as otherwise provided, each Participant who is an Eligible Employee (other than an Eligible Employee employed in Puerto Rico) who will attain age 50 or older before the close of the Plan Year shall be eligible to make Catch-Up Contributions effective August 1, 2002, in 1% increments from 1% to 20% and, effective January 1, 2003, in 1% increments from 1% to 10% of his or her Regular Eligible Compensation and in accordance with, and subject to the limitations of, Code § 414(v). Effective September 1, 2005, each Participant who is an Eligible Employee (other than an Eligible Employee employed in Puerto Rico) who will attain age 50 before the close of the Plan Year shall be eligible to make Catch-Up Contributions in 1% increments from 1% to 100% of the portion of his or her MIP award payable in the form of cash (less amounts withheld for FICA and Medicare taxes). Such Catch-Up Contributions shall not be taken into account for purposes of the provisions of the Plan implementing the required limitations of Code §§ 402(g) and 415. The Plan shall not be treated as failing to satisfy the provisions of the Plan implementing the requirements of Code §§ 401(k)(3), 410(b), or 416, as applicable, by reason of the
3
making of such Catch-Up Contributions. Catch-Up Contributions shall be treated as Pre-Tax Contributions for purposes of Sections 3.5, 3.6, 3.7, 6.2 and Article VII. Catch-Up Contributions shall be credited to a Participant’s Pre-Tax Contribution Account unless the Committee determines that such contributions (and investment gains or losses on such contributions) should be credited to a separate subaccount. Catch-Up Contributions may not be made from MIP cash advance payments paid to Participants during the month of December 2011.
10. Section 3.3, Roth Contributions, is hereby amended, effective September 1, 2011, to read as follows:
Section 3.3 Roth Contributions. Effective as of July 30, 2007, subject to the rules and limitations in this Section 3.3 and in Article 5 except as otherwise provided, each Participant who is an Eligible Employee (other than an Eligible Employee employed in Puerto Rico) shall be eligible to make Roth Contributions in 1% increments of his or her Regular Eligible Compensation for each pay period and in accordance with and subject to the limitations of Code Section 402A. Each Participant who is an Eligible Employee (other than an Eligible Employee employed in Puerto Rico) shall be eligible to make Roth Contributions in 1% increments from 1% to 100% of his or her compensation for unused discretionary days off each pay period and in accordance with and subject to the limitations of Code Section 402A. The sum of Roth Contributions and Pre-Tax Contributions may not exceed 35% of Eligible Compensation for any pay period. Roth Contributions shall be credited to a Participant’s Roth Contributions Account.
11. Section 7.1(a) is hereby amended, effective for plan years beginning after December 31, 2007, by inserting a sentence at the end of such Section to read as follows:
To the extent that the Plan is an “applicable defined contribution plan” within the meaning of Code § 401(a)(35)(E) and the regulations thereunder, the requirements of Appendix 7.1, Diversification Requirements of Code § 401(a)(35), shall apply.
12. Section 9.4, Required Beginning Date under Code § 401(a)(9), is hereby amended, effective for the calendar year beginning January 1, 2009, to insert a new paragraph at the end of such Section to read as follows:
Notwithstanding the foregoing, a Participant or Beneficiary who would have been required to receive required minimum distributions for calendar year 2009 (“2009 RMDs”) but for the enactment of Code Section 401(a)(9)(H), will receive 2009 RMDs. In addition, notwithstanding Section 9.13(b)(1), 2009 RMDs are not eligible rollover distributions.
13. The Plan is hereby amended effective for plan years beginning after December 31, 2007 by inserting a new Appendix 7.1, Diversification Requirements of Code § 401(a)(35), at the end of the Plan to read as attached.
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IN WITNESS WHEREOF, the undersigned certify that United Parcel Service of America, Inc. based upon action taken by its Board of Directors and/or its Executive Committee has caused this Amendment Number Five to be adopted.
| ATTEST: | UNITED PARCEL SERVICE OF AMERICA, INC. | |||
| /s/ Teri P. McClure | /s/ D. Scott Davis | |||
| Teri P. McClure | D. Scott Davis | |||
| Secretary | Chairman | |||
| Date: December 19, 2011 | Date: December 19, 2011 | |||
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Appendix 7.1
Diversification Requirements of Code § 401(a)(35)
Effective for Plan Years beginning after December 31, 2007.
Diversification Requirements for Pre-Tax Contributions, After-Tax Contributions, Catch-Up Contributions, Roth Contributions and Rollover Contributions Invested in Employer Securities.
Section 1. The provisions of this Appendix apply only if the Plan holds any publicly traded employer security, except as described in Section 1.1. For purposes of this Appendix a publicly traded security is a security which is traded on a national securities exchange that is registered under section 6 of the Securities Exchange Act of 1935 or which is traded on a foreign national securities exchange that is officially recognized, sanctioned, or supervised by a governmental authority and the security is deemed by the Securities and Exchange Commission as having a “ready market” under SEC Rule 15c3-1 (17 CFR 240.15c3).
Section 1.1. If the Employer, or any member of a controlled group of corporations which includes the Employer, has issued a class of stock which is a publicly traded employer security, and the Plan holds employer securities which are not publicly traded employer securities, then the Plan shall be treated as holding publicly traded employer securities.
Section 1.2. With respect to a Participant (including for purposes of this section an alternate payee who has an account or a deceased Participant’s Beneficiary), if any portion of the Participant’s account is invested in publicly traded employer securities, then the Participant must be offered the opportunity to elect to divest those employer securities and reinvest an equivalent amount in other investment options as described in Section 1.3.
Section 1.3. At least three investment options (other than employer securities) must be offered to Participants described in Section 1.2. Each investment option must be diversified and have materially different risk and return characteristics. Periodic reasonable divestment and reinvestment opportunities must be provided at least quarterly.
Except as provided in Code Section 401(a)(35)(D)(ii)(I), restrictions (either direct or indirect) or conditions will not be imposed on the investment of publicly traded employer securities if such restrictions or conditions are not imposed on the investment of other plan assets.
Effective for Plan Years beginning on or after January 1, 2011.
Diversification Requirements for Pre-Tax Contributions, After-Tax Contributions, Catch-Up Contributions, Roth Contributions and Rollover Contributions Invested in Employer Securities.
Section 2. The provisions of this Appendix apply only if the Plan holds any publicly traded employer security, except as described in Section 2.1. For purposes of this Appendix, a publicly traded security is a security which is traded on a national securities exchange that is registered under section 6 of the Securities Exchange Act of 1935 or which is traded on a foreign national securities exchange that is officially recognized, sanctioned, or supervised by a governmental authority and the security is deemed by the Securities and Exchange Commission as having a “ready market” under SEC Rule 15c3-1 (17 CFR 240.15c3).
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Section 2.1. If the Employer, or any member of a controlled group of corporations (as described in Treasury Regulation § 1.401(a)(35)-1(f)(2)(iv)(A)) which includes the Employer, has issued a class of stock which is a publicly traded employer security, and the Plan holds employer securities which are not publicly traded employer securities, then the Plan shall be treated as holding publicly traded employer securities.
Section 2.2. With respect to a Participant (including for purposes of this section an alternate payee who has an account or a deceased Participant’s Beneficiary), if any portion of the Participant’s account is invested in publicly traded employer securities, then the Participant must be offered the opportunity to elect to divest those employer securities and reinvest an equivalent amount in other investment options as described in Section 2.3.
Section 2.3. At least three investment options (other than employer securities) must be offered to Participants described in Section 2.2. Each investment option must be diversified and have materially different risk and return characteristics. Periodic reasonable divestment and reinvestment opportunities must be provided at least quarterly. Except as provided in Treasury Regulation sections 1.401(a)(35)-1(e)(2) and (3), restrictions (either direct or indirect) or conditions will not be imposed on the investment of publicly traded employer securities if such restrictions or conditions are not imposed on the investment of other plan assets.
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| This ‘10-K’ Filing | Date | Other Filings | ||
|---|---|---|---|---|
 | ||||
| Filed on: | 2/27/12 | |||
| 1/1/12 | ||||
| For Period end: | 12/31/11 | 11-K, 5 | ||
| 12/19/11 | ||||
| 9/23/11 | ||||
| 9/16/11 | ||||
| 9/1/11 | ||||
| 8/1/11 | 4 | |||
| 7/15/11 | ||||
| 5/1/11 | ||||
| 4/29/11 | ||||
| 1/1/11 | ||||
| 1/1/09 | ||||
| 12/31/08 | 10-K, 11-K, 5, ARS | |||
| 12/31/07 | 10-K, 11-K, 5, ARS | |||
| 7/30/07 | ||||
| 7/1/07 | ||||
| 9/1/05 | 4 | |||
| 1/1/03 | ||||
| 8/1/02 | ||||
| List all Filings | ||||
As Of Filer Filing For·On·As Docs:Size Issuer Filing Agent 2/20/24 United Parcel Service Inc. 10-K 12/31/23 136:24M 2/21/23 United Parcel Service Inc. 10-K 12/31/22 133:27M 2/22/22 United Parcel Service Inc. 10-K 12/31/21 133:26M 2/22/21 United Parcel Service Inc. 10-K 12/31/20 139:27M 12/26/12 SEC UPLOAD¶ 9/24/17 1:36K United Parcel Service Inc. 9/21/12 SEC UPLOAD¶ 9/24/17 1:167K United Parcel Service Inc. |