Free Brief in Opposition to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02671-RPM

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PART II(h) Appendix A GANNETT CO.. INC. RETIREMENT PLAN (UNION EMPLOYEES OF NIAGARA FALLS GAZETTE PUBLISHING CORPORATION) Annual Amount $ 495.01 904.43 458.21 865.98 416.41 500.84 734.50 722.46 1,300.00 606.08 1,546.99 332.1 1 73 1.85 368.67 569.45 500.64 340.35 1,344.25 337.88 914.10 504.76 763.30 385.71 568.96 594.63 329.39 1,179.96 967.82 576.10 580.46 824.15 1,035.99 978.86 46 1.23 682.44 322.50 689.85 790.59 965.09 325.72

Participant A. Baxter T. F. Booth H. C. Burns C. E. Campbell E. A. Craig J. E. Cuddahee K. C. Cumberland B. J. Curyto C. C. Dotter A. L. Ellsworth K. E. Fillingham L. M. Hardy A. C. Hastee J. G. Howieson M. Labelle W. Lagowski I. H. Larrabee J. W. Maday R. S. McCracken W. G. Mingay M. Mortley C. F. Nelson J. Pietras M. J. Rinehart V. 0 . Robson J. R. Savage G. J. Scarpino F. J. Selnpter H. M. Shaw C. N. Scheie W. J. Singleton H. N. Swanson C. E. Walters R. H. Warszawski H. E. R. White L. G. Whitenight R. N. Williamson J. Winker W. R. Woodhouse S. P. Zurenda

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PART II(h) Appendix B GANNETT CO., INC. RETIREMENT PLAN PAID-UP BENEFITS FOR NONUNION EMPLOYEES OF NIAGARA FALLS GAZETTE PUBLISHING CORPORATION Annual Amount

Participant Bartel, H. Benfante, A. T. Brydges, J. E. Catlin, H. W. Cooke, W. B. Cronk, E. N. Darby, L. F. DeGregorio Donaldson, J. Doman, J. W. Fraser, B. J. Glynn, D. E. Harnmond, G. A. Hatton, C. M. Hayden, M. E. Hickman, I. K. Hill, C. L. Hurlbut, P. W. Kratts, R. P. Kysor, E. E. Kysor, J. Lasher, J. F. Lowe, R. B. Luch, J. P. Maines, T. D. Marquis, D. A. Mason, F. J. Meyer, J. M. Nawrotek, L. A. Niven, G. O'Donoghue, G. Ognibene, J. R. Olson, E. F. Pearl, J. G.

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Gannett Co., Inc. Retirement Plan

PART II(h) Appendix B (continued)

Participant Peery, D. F. Profeta, F. Rife, M. J. Rinehart, H. M. Shanesey, B. J. Smith, G. J. Spicer, J. A. Stepien, V. G. Tweedie, H. B. Utts, R. C. Villano, L. Webber, R. J. Williams, L. C.

Annual Amount
$ 179.71

582.92 228.45 112.43 435.22 309.79 60.79 597.77 481.80 349.08 1,027.18 577.66 828.48

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PART II(h) Appendix C GANNETT CO.. INC. RETIREMENT PLAN (UNION EMPLOYEES OF NIAGARA FALLS GAZETTE PUBLISHING CORPORATION) TABLES OF ACTUARIAL EQUIVALENCE
1.

Early Retirement Reduction: This table of percentages is applicable to a participant whose age nearest birthday at normal retirement is 65. These percentages are to be applied to determine the actuarial equivalent of the life annuity which would be payable on normal retirement date for service up to the participant's early retirement date.
Number of years

by which early
retirement date precedes normal retirement date

Percentage If Death Benefit Ratio is:

The Death Benefit Ratio as used in this table is the ratio, adjusted to the nearest integral value, of the amount of the einployee's contributions with interest to the annual amount of life annuity. If the number of years by which the early retirement date precedes the normal retirement date is not an integer, the appropriate percentage will be detennined by simple interpolation. Appropriate percentages for other Death Benefit Ratios will be furnished by the Company upon request.

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Gannett Co., Inc. Retirement Plan
2.

PART II(h) Appendix C (continued)

Conversion to Optional Forms: (a) Life to Contingent Annuity: The following percentages are applicable only to a participant whose age nearest birthday at retirement is 65.

Age nearest birthday of contingent annuitant on the retirement date of participant

100% Continuance

66 213% Continuance

50% Continuance

The Company will furnish percentages applicable under other circumstances upon request.

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Gannett Co., Inc. Retirement Plan
(b)

PART II(h) Appendix C (continued)

Life to 10-year Certain and Continuous Annuity:

Age nearest birthday of participant at retirement date

Section 1.O1 Percentage If Death Benefit Ratio is: 0

1

2

3

4

5

The Death Benefit Ratio as used in this table is the ratio, adjusted to the nearest integral value, of the amount of the employee's contributions with interest to the annual amount of life annuity.

Appropriate percentages for other Death Benefit Ratios will be furnished by the Company upon request.

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SI-128 PART II(i) GANNETT CO., INC. RETIREMENT PLAN JKARE RETIREMENT PLAN FOR TELEVISION TECHNICIANS) PLAN PROVISIONS

1. Effective Date: April 13, 1983.

2. 3.

Prior Plan: Metromedia, Inc. Pension Plan for Union Employees in effect on April 12, 1983 and any plan which is considered a prior plan there under. KARE union decertified March 12, 1998. Eligibility for Participation: Eligible Employees who were participants in the Prior Plan remained participants. Prior to January 1, 1987, all other Eligible Employees became participants on the fust day of the month coincident with or next following attainment of age 25 and completion of one year of employment, provided they had not attained age 65. Eligible Employees not otherwise eligible for participation on January 1,1987 become participants on the first day of the month coincident with or next following attainment of age 21 and completion of one year of employment, provided they had not attained age 65, but not prior to January 1,1987. As of January 1, 1988, any active employee previously excluded due to becoming employed after age 65 became a participant retroactively according to the requirements otherwise in effect on the date of employment.

4.

Definitions: (a) Eligible Employee: An employee who is covered by a collective bargaining agreement which specifically provides for participation in the plan, provided the employee's regular rate of employment is at least 1,000 hours per year. Service: Number of calendar years in the period beginning with the calendar year which includes the participant's date of employment and ending with the calendar year which includes the earlier of the participant's date of termination or retirement, excluding each calendar year in this period during which the participant has less than 1,000 hours of employment and any calendar year prior to the participant's 18th birthday. Membership Service: Number of years and months fkom the date an Eligible Employee becomes a participant, but no earlier than April 13, 1983, until the earlier of the participant's date of termination or actual retirement. Compensation: Base wages or base salary, including vacation and sick leave pay but excluding all other remuneration.

(b)

(c)

(d)

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Gannett Co., Inc. Retirement Plan (e)

PART II(i) (continued)

Social Security Earnings Limit: Maximum amount of compensation in effect at the time of reference with respect to which benefits are provided under the Federal Social Security Act, reduced pro rata for any calendar year during which an employee is not an Eligible Employee and a participant for the full year. This amount is frozen at $4,800.

5.

Basic Pension Benefits: Sum of (i) and (ii), but in no event greater than (iii): (i) .6% of Compensation not in excess of the Social Security Earnings Limit plus 1.2% of Compensation in excess of the Social Security Earnings Limit for each year of Membership Service. 16% of accumulated Employee Contributions (exclusive of Prior Plan contributions). For participants who are eligible to receive any non-contributory benefits payable under any of the plans formerly comprising the "Retirement Plan for Employees of Combined Communications Corporation": The benefit described in (i) above, offset by the benefits payable under the other plans to the extent that those benefits cover the same period of employment as the benefit calculated under (i) above, plus the benefit described in (ii) above.

(ii) (iii)

6.

Basic Vested Benefits: (a) Non-Contributorv Benefit: Participants with five or more years of Service at termination receive the benefit as described in 5(i) above actuarially reduced for commencement prior to normal retirement date. Contributory Benefit: (i) (ii) Participants with less than five years of Service at termination receive a refund of their Employee Contributions with interest. Participants with five or more years of Service at termination receive a refund of their Employee Contributions with interest unless they elect to receive the benefit described in 5(ii) above. If a refund is received, the participant's contributory benefit described in 5(ii) is reduced by the portion of that benefit not attributable to company contributions as determined under IRC Section 41 l(c). Any contributory benefit received is actuarially reduced for commencement of payments prior to age 65.

(b)

7.

Basic Early Retirement Benefits: (a)
(b)

Eli~bilitv:The first day of the month following attainment of age 55 and completion of ten years of Service. Prospective Benefit: Benefit as described in 5, reduced by .4% for each complete month that commencement of benefits precedes normal retirement date.

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Gannett Co., Inc. Retirement Plan 8. Disability Benefits: (a)
(b)

PART II(i) (continued)

Eligibility: Participants with 15 or more years of Service who incur a permanent and total disability which entitles them to Social Security disability benefits. Prospective Benefit: Benefit as described in 5, commencing on the first of the month following determination of disability.

9.

Preretirement Death Benefits: (a) Non-Contributory: (i) PriortoJanuary1,1987:
-

Eligibility: Beneficiaries of active and vested terminated participants eligible fbr early retirement that elected this option and die prior to commencement of benefits or normal retirement date, if earlier. For participants who elect this option, all benefits otherwise payable are actuarially reduced for preretirement death coverage. Prospective Benefit: A percentage, equal to or between 50% and loo%, specified by the participant, of the benefit he would have received under the contingent annuitant option had he retired on the day before his death and payments had commenced, actuarially reduced to provide for preretirement coverage.

-

(ii)

On and After January 1, 1987: Benefits are provided for eligible spouses as described in item 8 of Part II(a) except the assumed form of payment to the participant is a 50% contingent annuity, subject to a minimum of the benefits payable under the provisions described in (i) above.

(b)

Contributory: If the participant dies before an option becomes effective, the beneficiary will receive a refund of the Employee Contributions with interest.

10. 11.

Basic Postponed Retirement Benefits: Eligibility as described in item 10 of Part II(a). Benefits continue to accrue after normal retirement date as in 5 above. Employee Contributions: (a) Eligibility: Participants who elect to make contributions to the plan.

(b) Amount: 2.5% of Compensation not in excess of the Social Security Earnings Limit plus 5% of Compensation in excess of the Social Security Earnings Limit.
(c) For additional provisions regarding vesting, accumulation and withdrawal, see Part II(a).

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Gannett Co., Inc. Retirement Plan

PART II(i) (continued)

12.

Normal and Optional Forms of Benefits: As described in Part II(a) except the normal form for married employees is an actuarially reduced 50% contingent annuity. In addition, the following options are available: (a)
(b)

Social Security level income option. Lump Sum payment subject to the consent of the Retirement Board.

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PART IIU) GANNETT CO., INC. RETIREMENT PLAN JWLVI RETIREMENT PLAN FOR TELEVISION TECHNICIANS) PLAN PROVISIONS

1. Effective Date: June 23, 1983. 2.
3.

Prior Plan: Field Comunications Corporation Retirement Plan for Television Technicians in effect on June 22,1983. Eli~bilitv Participation: Permanent hourly employees who are members of the collective for bargaining agreement between WLVI and IBEW, Local 1228. Gannett Co., Inc. sold WLVI in April 1994. Accruals for covered employees cease on the sale date. For vested participants, benefits accrued to the date of sale become payable under the terms of the plan applicable to vested terminated employees or deferred early retirees, if retirement eligible on the date of sale. Definitions: (a) Service: All periods of employment, both paid and unpaid, including employment with a prior owner or operator of any television station owned by Field Communications Corporation as of August 1, 1977, but excluding any period in which an employee declines to participate in the plan. Year of Service: For periods of employment prior to January 1,1976, Years of Service are credited under the rules in effect prior to that date. For periods of employment on and after January 1, 1976, a Year of Service is given for 1,000 hours of Service during a calendar year. For partial calendar years of employment in which a participant is unable to complete at least 1,000 hours of Service, an additional Year of Service is given if, during the first and last partial calendar years, the participant completes a total of at least 1,000 hours of Service. Credited Service: As defined for Service, except that Credited Service includes employment prior to June 22, 1983 only for purposes of determining eligibility for benefits, but not for determining the amount of the benefit payable. Employment not covered by this plan and certain unpaid periods of employment are not included. In general, Service with a nonparticipating affiliate does not count as Credited Service unless otherwise specifically stated.

4.

(b)

(c)

(d) Year of Credited Service: A Year of Credited Service is given for 1,800 hours of Credited Service during a calendar year. If a participant has less than 1,800 hours of Credited Service during a calendar year, 1112th of a Year of Credited Service is given for each 150 hours of Credited Service.

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Gannett Co., Inc. Retirement Plan (e)

PART II(j) (continued)

Average Basic Monthly Earnings: For each year of Credited Service, the basic weekly earnings specified in the collective bargaining agreement multiplied by the number of weeks in the year for which a particular weekly earnings scale applies and divided by 12 in each 52-week period. For partial years, the average is computed based upon the portion of the year worked. Final Average Monthly Earnings: The average of the participant's Average Basic Monthly Earnings during the 60 consecutive months of Credited Service out of the last 120 months of Credited Service prior to retirement or termination resulting in the highest average. Covered Compensation: The 35-year average of Social Security wage bases ending in the year prior to the year of termination or retirement, not to exceed the level in effect the year the participant attains Social Security Normal Retirement Age.

(f)

(g)

5.

Basic Pension Benefits: Sum of (i) and (ii): (i) 1% of Final Average Monthly Earnings up to $1,250 times Credited Service prior to January 1,1991 up to a maximum of 25 years plus 1.4% of Final Average Monthly Earnings in excess of $1,250 times Credited Service prior to January 1,1991 up to a maximum of 25 years plus 1% of Final Average Monthly Earnings not in excess of Covered Compensation times Credited Service after December 3 1,1990 plus 1.5% of Final Average Monthly Earnings in excess of Covered Compensation times Credited Service after December 3 1, 1990. A maximum of 35 years of Credited Service is applied to the total benefit. The minimum monthly non-contributory benefit for employees hired on or before March 15,1972 is $100. (ii) The monthly benefit which may be actuarially provided by the participant's accumulated employee contributions in the same form as the retirement benefit.

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Gannett Co., Inc. Retirement Plan

PART IIU) (continued)

I I I

6.

Basic Vested Benefits: (a)
(b)

Elirzibilitv: Participants with five or more Years of Service. Prospective Benefit: Sum of (i) and (ii): (i) Benefit as described in 5(i), except the $100 minimum benefit provision does not apply, reduced by .00333 for each complete month that commencement of benefits precedes the participant's 65th birthday. Benefits may commence as early as age 55 if a participant so elects. Benefit as described in 5(ii) unless a request is made for a lump sum upon termination.

(ii)
7.
I

Basic Early Retirement Benefits: (a)
(b)

Eligibility: First of the month coincident with or next following attainment of age 55 and completion of ten Years of Credited Service. Prospective Benefit: Sum of (i) and (ii): (i) Benefit as described in 5(i), reduced by .00333 for each complete month that commencement of benefits precedes the participant's 65th birthday. Benefit as described in 5(ii).

I I
I

(ii)
8.

Disability Benefits:
(a)

Elirzibilit~:Participants with ten or more Years of Credited Service who become totally disabled begin receiving payments on the first of the month following determination of total disability. Prospective Benefit: Sum of (i) and (ii): (i) The greater of
-

(b)

Benefit as described in 5(i), based on Credited Service to date of disability; or $100 per month payable up to and including the month of the participant's 65th birthday and the normal retirement benefit thereafter. For participants who become disabled prior to satisfying the eligibility requirements for early retirement, disability benefits are payable as a life annuity until the attainment of age 65. After age 65, the benefit is payable in the normal form. For all other participants who become disabled, the benefit is payable in the normal form fioin the date of first payment.

(ii)

Benefit as described in 5(ii).

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Gannett Co., Inc. Retirement Plan

PART IIU) (continued)

9.

Preretirement Death Benefits: (a) Non-Contributory: (i) PriortoJanuary1,1987:
-

Eligibility: Spouses of active participants eligible for early retirement who elected this option or who were not provided the opportunity to elect this option and who die prior to commencement of benefits; and spouses of active participants who die on or after their 65th birthday who have elected a form of payment which provides a death benefit. Prospective Benefit: 50% of the benefit that would have been payable under the 50% contingent annuitant option had the participant retired on the date of death with payments commencing immediately.

-

(ii)

On and After January 1, 1987: Benefits are provided for eligible spouses as described in item 8 of Part II(a) except the assumed form of payment to the participant is a 50% contingent annuity, subject to a minimum of the benefits payable under the provisions described in (i) above.

(b)

Contributory: If a participant dies prior to retirement, the beneficiary will receive a refund of the accumulated employee contributions.

10. Postretirement Death Benefits: (a)
(b)

Elinibility: Beneficiaries of participants who were actively employed until their early or normal retirement age and who die after the commencement of benefits. Prospective Benefit: (i) Non-Contributory: As may be provided under the normal form of annuity or election of an option. If benefits are not provided under the normal form or an elected option, the beneficiary will receive the remaining unpaid installments of the first 36 monthly payments. Contributory: The excess, if any, of accumulated employee contributions over all benefits paid attributable to these contributions payable as a lump sum to the beneficiary.

(ii)

11. Basic Posboned Retirement Benefits: Sum of (i) and (ii): (i) Benefit as described in 5(i) based on Credited Service to date of actual retirement, but no less than the actuarial equivalent of the participant's normal retirement benefit. Benefit as described in 5(ii).

(ii)

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Gannett Co., Inc. Retirement Plan

PART IICj) (continued)

12.

Employee Contributions: (a)
(b)

Elinibility: Participants who elect to make contributions to the plan. Amount: Any whole percentage, not to exceed lo%, of earnings each year, inclusive of overtime pay but exclusive of shift differential. For additional provisions regarding vesting, accumulation and withdrawal, see Part II(a).

(c)

13. Normal and Optional Forms of Benefits: Normal form for unmarried employees is a life annuity. Married employees receive the basic benefit actuarially reduced to provide for a 50% contingent annuitant option with the spouse as the contingent annuitant. Contributory benefits are subject to the same options as non-contributory benefits. Optional forms available are:

(a)
(b)

Life annuity. 100% contingent annuitant option with the participant's spouse as the beneficiary. Variable annuity. Level income option.

(c) (d)

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PART II(k) GANNETT CO., INC. RETIREMENT PLAN (EL PAS0 PRINTING PRESSMEN AND STEREOTYPERS AND ELECTROTYPERS UNION NO. 139) PLAN PROVISIONS 1. 2. Effective Date: January 1, 1984. Eli~bilitv Participation: The first day of the month on or following date of hire. Employees for actively at work on the Effective Date will be given credit for service from the first of the month on or following date of hire at the Newspaper Printing Corporation. Definitions: (a) Emplovment Year: The 12-month period beginning on the first day of active employment and-each anniversary thereof. For part-time employees hired before 1976 who did not become participants until January 1, 1976, Employment Year is the calendar year. Elinible Service: In general, one year of Eligible Service is given for each Employment Year in which the participant accumulates 1,000 or more hours of paid service. For parttime employees, no Eligible Service is earned for periods of employment prior to 1976. Credited Service: In general, Credited Service as described in Part II(a) except that for the last Employment Year before retirement or termination, partial years of Credited Service are given even if the participant has fewer than 1,000 hours of paid service.

3.

(b)

(c)

4.

Basic Pension Benefits: Monthly benefit equal to $16.00 times years of Credited Service ($12 from September 1, 1994 through September 1, 1997 and $5 prior to September 1, 1994). Note: one eligible employee, Chavez Filiberto, retired September 1, 1993 at the improved $12 level. Basic Vested Benefits: (a)
(b)

5.

Eli~bilitv:Completion of ten years of Eligible Service. Prospective Benefit: Monthly benefit as described in item 4 above based on Credited Service to date of termination, payable as early as age 55, reduced by .005 for each month by which benefit commencement precedes normal retirement date.

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Gannett Co., Inc. Retirement Plan 6. Basic Early Retirement Benefits: (a)

PART II(k) (continued)

Eli~bilitv:Attainment of age 55 and completion of ten years of Eligible Service.

(b) Prospective Benefit: Monthly benefit as described in item 4 above based on Credited Service at early retirement, reduced by .005 for each month up to 120 months and by .0025 for each month in excess of 120 months by which benefit commencement precedes normal retirement date. 7. 8. Disability Benefits: None. Preretirement Death Benefits: (a) Prior to January 1, 1987: (i) Elifibilitv: Spouses of married participants who die after attainment of age 55 and completion of ten years of Eligible Service but prior to actual retirement, provided they have been married for at least one year immediately prior to the participant's death. Prospective Benefit: 50% of the benefit that would have been payable under the 50%-contingent annuitant option had the participant elected to retire early on the first of the month on or before the date of death.

(ii)

(b)

On and After January 1, 1987: Benefits are provided for eligible spouses as described in item 8 of Part II(a) except the assumed form of payment to the participant is a 50% contingent annuity, subject to a minimum of the benefits payable under the provisions described in (a) above.

9.

Normal and Optional Forms of Benefits: As described in Part II(a) except the normal form for married employees is an actuarially reduced 50% contingent annuity.

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PART II(1) GANNETT CO., INC. RETIREMENT PLAN (DES MOINES REGISTER AND TRIBUNE PENSION PLAN FOR PRODUCTION EMPLOYEES) PLAN PROVISIONS

1. 2.

Effective Date: July 1, 1985. Eligibility for Participation: Participants in the prior plan on July 1, 1985 automatically participate. All other employees covered under a collective bargaining agreement become participants at the end of the first 12-monthperiod in which at least 1,000 hours of service are completed. Composing and Electricians decertified in August 1998. Definitions: (a) Continuous Service: (i) (ii) For periods of employment prior to July 1, 1985, service credit as of June 30, 1985, based on the prior plan provisions then in effect. For periods of employment beginning on and after July 1, 1985, the total number of years and months employed by an employer or a controlled group member fiom July 1, 1985 to retirement or termination.

3.

(b)

Credited Service: Continuous Service excluding any period of employment prior to July 1, 1985. In general, Continuous Service with a nonparticipating affiliate does not count as Credited Service unless otherwise specifically stated. Compensation: Basic rate of pay excluding overtime, incentives, bonuses and other special Pay.

(c)
4.

Basic Pension Benefits: For each year and month of Credited Service, the sum of (i) and (ii): (i) (ii) .8% of monthly Compensation.

.7% of such monthly Compensation in excess of $250.

5.

Basic Vested Benefits: (a) Eli~bilitv:Completion of five years of Continuous Service.

(b) Prospective Benefit: The benefit as described in 4 above accrued to termination, assumed payable at normal retirement date. A participant may elect to have actuarially reduced payments begin on the first day of any month after attainment of age 55.

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Gannett Co., Inc. Retirement Plan

PART II(1) (continued)

6.

Basic Early Retirement Benefits: (a)
(b)

Elirzibilitv: Attainment of age 55 and completion of ten Years of Continuous Service. Prospective Benefit: The benefit as described in 4 above accrued to early retirement date, reduced 4% per year for each year payments commence prior to normal retirement date. Social Security Supplement: (i) Eligibility: Participant represented by the Pressmen's Union or Typographical Union, eligible for early retirement as stated in 6(a) above, who satisfies the eligibility requirements of the Early Retirement Incentive Plan described in the Pressmen's Union or Typographical Union collective bargaining agreement. Prospective Benefit: The supplement shall commence on the same day as the part~cipant'sbasic benefit and end with the first day of the month containing the retired participant's 65th birthday. (aa) Earlv Retirement: The basic Social Security supplement for the first 24 months of retirement or to age 62, whichever comes first, shall be determined from the table below based on the participant's basic monthly Compensation as of the month in which the participant retires: Basic Monthly Compensation $1,000 or less $1,001 to $1,500 more than $1,500 Basic Monthly Social Security Supplement $465 $565 $665

(c)

(ii)

(bb) Until Normal Retirement: The basic Social Security Supplement payable after the first 24 months of retirement or after the employee reaches age 62, and payable until age 65, shall be determined from the table below based on the participant's basic monthly Compensation as of the month in which the participant retires: Basic Monthly Coinpensation $1,000 or less $1,001 to $1,500 more than $1,500 Basic Monthly Social Security Suppleinent

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Gannett Co., Inc. Retirement Plan

PART II(1) (continued) (cc) Death Benefit: If a participant dies prior to the date in which that participant's last Social Security Supplement payment is due, the present value of the remaining payments shall be paid to the beneficiary. This present value shall be determined by discounting the remaining payments at an annual rate of 9 percent.

7.

Disability Benefits: (a) Eligibility: An active participant with ten or more years of Continuous Service who incurs a disability before the normal retirement date.

(b) Prospective Benefit: The benefit as described in 4 above as of the last day of active employment, payable on the first day of the month coinciding with or next following the date of established disability.
8.

Preretirement Death Benefits: Benefits are provided for eligible spouses as described in item 8 of Part II(a) except the assumed form of payment to the participant is a 50% contingent annuity. Postretirement Death Benefits: (a) Eligibility: (i) (ii)
(b)

9.

Beneficiary of a participant who dies on or after the earlier of actual or normal retirement. Beneficiary of a disabled participant who dies after normal retirement.

Prospective Benefit: In addition to any benefits provided under the normal form of annuity or election of an option, a lump sum death benefit of $3,500.

10. 11.

Basic Postponed Retirement Benefits: Eligibility as described in item 10 of Part II(a). Benefits continue to accrue after normal retirement date as in 4 above. Transfers: (a) If a participant in the plan is transferred to a position where that person is no longer eligible under the plan, participation in the plan shall be suspended. Credited Service as of the last day of the month in which the transfer occurs shall be retained. Continuous Service is not suspended. If a participant in the plan is transferred to a position which makes that person eligible under another plan financed by the employer, participation in the plan continues until 12 months of Continuous Service have been completed from the date of transfer. At that point, Credited Service (but not Continuous Service) shall be suspended as in (a) above. Prospective Benefit: The benefits as described in 4 and 6.

(b)

(c)

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Gannett Co., Inc. Retirement Plan

PART II(1) (continued)

12. Normal and Optional Forms of Benefits: Normal form as described in Part II(a) except the normal form for married employees is an actuarially reduced 50% contingent annuity. Optional forms available are: (a) (b) (c) 13. Life annuity. 50% contingent annuitant option. Level income option.

Special Early Retirement Incentives: (a) Platemakers: Elinibilitv: Any regular full-time platemaker who is a member of International Union Local 86-C, has attained age 59 %, has completed 10 years of service and responds within 30 days of a posting. Postings are made at the discretion of the Company. Employees are elected according to Company priority. The agreement is effective March 28, 1995. Benefits: Accrued benefit payable immediately with no reduction for early retirement plus temporary monthly supplement of $600 fiom age 59 % through age 62, and $500 fiom age 62 to age 65. Upon the death of the participant after retirement, the present value of any remaining supplemental payments will be paid to the participant's beneficiary. (b) Mailers: Elinibilitv: Any Journeyman age 60 or older who is eligible for early retirement as described in item (6)(a) of this Part II(l), and who retires during the 3-year period fiom April 24, 1995 through April 23, 1998 (inclusive). Benefits: Accrued benefit payable immediately with no reduction for early retirement plus a temporary supplement as follows: Retirement Age 60 - 62 63 - 65 65 or over $800 per month to age 63; then, $600 per month to age 65. $600 per month to age 65. $2,000 lump sum payment.

Upon the death of the participant after retirement, the present value of any remaining supplemental payments will be paid to the participant's beneficiary.

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Gannett Co., Inc. Retirement Plan (c) Composing Room:

PART II(1) (continued)

Eli~bilitv:Effective November 27, 1994, any regular full-time employee who is a member of the Typographical Union, has attained age 60, has completed 10 years of service and is on the applicable Composing Room Job Security List. Benefits: Accrued benefit payable immediately with no reduction for early retirement plus temporary monthly supplement of $600 from age 60 through age 62, and $500 from age 62 to age 65. Upon the death of the participant after retirement, the present value of any remaining supplemental payments will be paid to the participant's beneficiary.

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PART II(m) GANNETT CO., INC. RETIREMENT PLAN (RETIREMENT PLAN FOR EMPLOYEES OF KTVY, INC.) PLAN PROVISIONS
1.

Effective Date: Latest amendment effective February 18, 1986 on which date all participants terminated employment with Gannett Co., Inc.

2 Eligibility for Participation: All participants on February 18, 1986 remain participants of the . plan.
3.

Accrued Benefit: Each participant is 100% vested in his or her accrued benefit as of February 18, 1986 as calculated under the plan in effect on that date. Benefit amounts are provided in the data. Basic Pension Benefits: (a)
(b)

4.

Elinibilitv: First of the month nearest the participant's 65th birthday. Prospective Benefit: Accrued Benefit.

5.

Basic Early Retirement Benefits: (a)
(b)

Elinibilitv: Attainment of age 55. Prospective Benefit: Accrued Benefit reduced 519th~ 1% for each of the first 60 months of and 5118ths of 1% for each of the next 60 months by which commencement of benefits precedes normal retirement date.

6.

Preretirement Death Benefits: (a)
(b)

Elifibility: Spouses of participants who die prior to commencement of payments. Prospective Benefit for Deaths On or After Attainment of Age 55: 50% of the benefit that would have been payable under the 50% contingent annuitant option had the participant retired early on the day before death occurred. Prospective Benefit for Deaths Prior to Attainment of Age 55: 50% of the benefit that would have been payable under the 50% contingent annuitant option had the participant survived to age 55, retired immediately, and then died.

(c)

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Gannett Co., Inc. Retirement Plan

PART II(m) (continued)

(d)

Commencement of Payments: No later than what would have been deceased participant's normal retirement date; reduced as in 5(b) as early as what would have been participant's 55th birthday.

7. 8.

Postretirement Death Benefits: None, except as provided under the normal or optional forms of benefit payments. Basic Postponed Retirement Benefits:
(a)

Eli~bilitv:First of any month following normal retirement date. Prospective Benefit: Accrued Benefit.

(b)

9.

Cost-of-Living Adjustment: The Accrued Benefit shall be increased or decreased annually while payable commencing with the payment due on the January 1 coinciding with or next following the date of the participant's actual retirement and continuing thereafter on each subsequent January 1. Each such increase or decrease shall be determined by a comparison of the U.S. Consumer Price Index for the October next preceding the January of the determination with such Index for the October one year earlier. The maximum change in any year is limited to 2%. A participant's benefit shall not be reduced below the amount determined at the time of retirement.

10. Normal and Optional Forms of Benefits: Normal form as described in Part II(a) except the normal form for married employees is an actuarially reduced 50% contingent annuity. All participants may elect any of the following optional forms of benefits: (a)
(b)
(c)

Life annuity. 10-year certain and life annuity. Contingent annuitant option. If the beneficiary is other than a spouse, the present value of expected payments to be made to the participant must be greater than or equal to 5 1% of the total present value. Lump sum payment with approval of the Pension Committee. Approval must be granted if the present value is more than $1,000 (prior to March 28,2005, $5,000). Pension Committee may direct lump sum payment without participant's consent if the present value is $1,000 (prior to June 1,2005, $5,000) or less.

(d)

11.

Actuarial Equivalence:
(a)

Lump Sums: Based on the average 30-year Treasury rates in effect during November of the year immediately prior to date of distribution and the 1994 GAR Unisex Mortality Table. Other: Based on 7.0% interest and the 1994 GAR Unisex Mortality Table.

(b)

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PART II(n) GANNETT CO., INC. RETIREMENT PLAN (KOLD-TV EMPLOYEES' PENSION PLAN) (WALA-TV EMPLOYEES' PENSION PLAN) PLAN PROVISIONS 1.
2.

Effective Date: Latest amendment effective February 18, 1986 on whch date all participants terminated employment with Gannett Co., Inc. Eligibility for Participation: All participants on February 18, 1986 remain participants of the plan. Accrued Benefit: Each participant is 100% vested in his or her accrued benefit as of February 18, 1986 as calculated under the plan in effect on that date. Benefit amounts are provided in the data. Basic Pension Benefits: (a) Eligibility: First of the month coincident with or next following the participant's 65th birthday. Prospective Benefit: Accrued Benefit.

3.

4.

(b)
5.

Basic Early Retirement Benefits: (a)
(b)

Eli~bilitv:First of the month coincident with or next following attainment of age 55. Prospective Benefit: Accrued Benefit actuarially reduced for early commencement of payments.

6.

Preretirement Death Benefits: (a)
(b)

Eligibility: Spouses of participants who die prior to commencement of payments. Prospective Benefit for Deaths On or After Attainment of Age 55: 50% of the benefit that would have been payable under the 50% contingent annuitant option had the participant retired early on the day before death occurred. Prospective Benefit for Deaths Prior to Attainment of Age 55: 50% of the benefit that would have been payable under the 50% contingent annuitant option had the participant survived to age 55, retired immediately, and then died.

(c)

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Gannett Co., Inc. Retirement Plan (d)

PART II(n) (continued)

Commencement of Paments: No later than what would have been deceased participant's normal retirement date; reduced as in 5(b) as early as what would have been participant's 55th birthday.

7.

Postretirement Death Benefits: None, except as provided under the normal or optional forms of benefit payments. Basic Postponed Retirement Benefits: (a)
(b)

I

8.

Eligbilitv: First of the month coincident with or next following participant's death or actual retirement following normal retirement date. Prospective Benefit: Accrued Benefit.

9.

Normal and Optional Forms of Benefits: Normal form as described in Part II(a) except the normal form for married employees is an actuarially reduced 50% contingent annuity. All participants may elect any of the following optional forms of benefits: (a)
(b)

100% contingent annuitant option with spouse as beneficiary. Life annuity. Contingent annuitant option. If the beneficiary is other than a spouse, the present value of expected payments to be made to the participant must be greater than or equal to 51% of the total present value.

(c)

(d) If at the time of a participant's termination or retirement the present value of his accrued vested benefit is $10,000 or less, the pension committee will distribute his benefit as a lump sum. If the present value is greater than $10,000, his consent and the consent of his spouse, if any, is required. 10. Actuarial Equivalence: As determined in item 11 of Part II(m).

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PART II(o) GANNETT CO., INC. RETIREMENT PLAN (UNION EMPLOYEES OF NEWS JOURNAL COMPANY) PLAN PROVISIONS 1. Effective Date: January 1, 1955. Amended and restated effective January 1, 1975. participation begins on date of employment, but not earlier than the effective date of the plan. As of January 1,1992, the unions covered under these provisions include the GCIU Press Operators and the Circulation Guild (including the Wilmington Editorial Staff)."
3.

2 Eli~bilitv Participation: If a member of a union that has bargained for these provisions, . for

Definitions: (a) Continuous Service: An employee's period of uninterrupted service, including all periods of service with the Armed Forces up to four years, any authorized leaves of absence, periods of disability of up to one year, and all periods of part-time service. Service is intempted if in a Plan Year after 1974 the employee completes less than 501 hours of service unless absent for a reason, other than part-time service, specified above. An employee must be actively employed for at least 1,000 hours in the plan year in order to be credited with a year of Continuous Service unless absent for a reason, other than part-time service, specified above. Credited Service: Completed years of Continuous Service, excluding leaves of absence in excess of 90 days. In general, Continuous Service with a nonparticipating affiliate does not count as Credited Service unless otherwise specifically stated. Average Annual Earnings: 10% of the participant's wages or salary including overtime during the 120 months in which such earnings were highest prior to his date of retirement or date of termination, if earlier. For members of the Wilmington Editorial Staff, 20% of the participant's wages or salary including overtime, but excluding extra remuneration such as overtime premiums and bonuses, during the 60 months in which such earnings were highest prior to his date of retirement or termination, if earlier.

(b)

(c)

4.

Basic Pension Benefits: (a) Eli~bilitv:Participants who have attained age 65 (and, for the Wilmington Editorial Staff, completed ten years of service) or participants who have attained age 60 and have completed 30 years of Continuous Service (and, for the Wilmington Editorial Staff, had attained age 55 on December 3 1, 1988).

I

i

*

The Wilmington Mailers and the ITU Printers decertified during 1992. Former union employees are covered under the Wilmington nonunion step-rate provision.

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Gannett Co., Inc. Retirement Plan

PART II(o) (continued)

(b)
5.

Prospective Benefit: 1.1% of Average Annual Earnings for each full year of Credited Service.

Basic Vested Benefits: Eligibility and early commencement of payments are as described in Part II(a) except that all participants are 100% vested after the earlier of five years of service or attainment of age 65. Benefits are calculated according to 4 above. In addition, if the participant has completed 30 or more years of Continuous Service at termination and if payment is elected to begin at or after age 60, the benefit will not be reduced for early commencement of payments. Basic Early Retirement Benefits: (a)
(b)

6.

Elinibilitv: All participants who are not eligible for normal retirement benefits as described in 4(a) above but have both attained age 55 and completed five or more years of service. Prospective Benefit: The benefit as described in 4(b) above based on Average Annual Earnings and Credited Service at termination, reduced by .00333 for each month by which benefit commencement precedes normal retirement date.

7.

Disability Benefits: (a)
(b)

Eli~bilitv:Active participants with ten (15 for the Wilmington Editorial Staff) or more years of Continuous Service who are totally and permanently disabled. Prospective Benefit: 1.1% of Average Annual Earnings as of the date of disability multiplied by full years of Credited Service up to the date of disability, payable on the first day of the month following the date of disability.

8. 9.

Preretirement Death Benefits: Benefits are provided for eligible spouses as described in item 8 of Part II(a) except the assumed form of payment to the participant is a 50% contingent annuity. Basic Postponed Retirement Benefits: Eligibility as described in item 10 of Part II(a). Benefits continue to accrue after normal retirement date as in 4 above.

10. Normal and Optional Forms of Benefits: As described in Part II(a) except the normal form for married employees is an actuarially reduced 50% contingent annuity.

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PART II(p) GANNETT CO., INC. RETIREMENT PLAN (ARKANSAS GAZETTE COMPANY PENSION PLAN FOR UNION EMPLOYEES) PLAN PROVISIONS (VESTED TERMINATED PARTICIPANTS ONLY) 1. Basic Vested Benefits: (a) Benefit Attributable to Employer Contributions: The benefit payable in the normal form, commencing at normal retirement date, in an amount equal to the excess, if any, of (i) over (ii): (i) (ii) The monthly retirement benefit accrued under the plan, payable in the basic form as of normal retirement date. The Benefit Attributable to Participant Contributions.

(b)

Benefit Attributable to Participant Contributions: A vested terminated participant may elect a refund of his employee contributions plus interest at any time prior to retirement. Upon such election, only the Benefit Attributable to Employer Contributions is payable at normal retirement date. The Benefit Attributable to Participant Contributions is determined as in item I l(e) of Part II(a). Early Commencement of Payments: A vested terminated participant may elect to have benefits commence on the first of any month coincident with or next following attainment of age 55. Such payments will be reduced by .00333 for each month that commencement of payments precedes normal retirement date.

(c)

2.

Preretirement Death Benefits: (a) Eli~bilitv:Spouses or beneficiaries of vested terminated participants who die prior to the commencement of payments. Prospective Benefit: A benefit is payable to the spouse commencing on (i) if the participant terminated with less than five years of vesting service, what would have been the normal retirement date or, (ii) if the participant terminated with five or more years of vesting service, the first of the month coincident with or next following the later of death or the date the participant would have attained age 55. The benefit is equal to the greater of (i) the benefit the spouse would have received under the 50% contingent annuitant option had the participant survived to the commencement date specified above and retired immediately or, (ii) the benefit which can be provided by the participant's Contribution Account. If the participant does not have a surviving spouse, no benefit except a refund of the Contribution Account is payable.

(b)

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Gannett Co., Inc. Retirement Plan
3.
4.

PART II@) (continued)

Contribution Account: For additional provisions regarding vesting, accumulation and withdrawal, see Part II(a). Normal and Optional Forms of Benefits: As described in Part II(a) except the normal form for married employees is an actuarially reduced 50% contingent annuity. Additional optional forms are available as follows: (a)
(b)

Life annuity with Social Security adjustment option.
50% contingent annuity with Social Security adjustment option.