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Notes to Consolidated Financial Statements


Note 16: EMPLOYEE BENEFIT PLANS

The Company has a qualified, defined benefit, noncontributory pension plan for certain U.S. employees not covered by union pension plans. The Company’s subsidiary in the Netherlands provides defined retirement benefits to eligible employees. The Company also provides health and life insurance to a limited number of eligible retirees and eligible survivors of retirees.

The Company’s defined benefit pension and other postretirement benefit costs and obligations are dependent on assumptions used by actuaries in calculating such amounts. These assumptions, which are reviewed annually, include discount rates, long-term expected rates of return on plan assets and expected rates of increase in compensation. Assumed discount rates, based on market interest rates on long-term fixed income debt securities of highly-rated corporations, are used to calculate the present value of benefit payments which are projected to be made in the future, including projections of increases in employees’ annual compensation and health care costs. A decrease in the discount rate would increase the Company’s obligation and expense. The long-term expected rate of return on plan assets is based principally on prior performance and future expectations for various types of investments as well as the expected long-term allocation of assets. Changes in the allocation of plan assets would impact the expected rate of return. The expected rate of increase in compensation is based upon movements in inflation rates as reflected by market interest rates. Benefits paid to participants are based upon age, years of credited service and average compensation or negotiated benefit rates.

Assets of the Company’s U.S. defined benefit plan are invested in a directed trust. Assets in the trust are invested in domestic and foreign equity securities of corporations (including $4,310,400 of the Company’s Common Stock at November 30, 2008), U.S. government obligations, derivative securities, corporate bonds and money market funds. The subsidiary in the Netherlands contracts with third-party insurance companies to pay benefits to retirees.

Pension Benefits

The following sets forth the change in benefit obligation, change in plan assets, funded status and amounts recognized in the balance sheets as of November 30, 2008 and 2007 for the Company's U.S. and non-U.S. defined benefit retirement plans:

(in thousands) U.S. Pension benefits   Non-U.S. Pension benefits

  2008 2007 2008 2007
Change in Benefit obligation
Projected benefit obligation -- beginning of year 192,410 $ 192,504
45,908
$ 49,066
Service cost 2,974 2,928
439
529
Interest cost 11,553 11,178 2,541 2,260
Participant contributions 185 163
Admendments 46  
Actuarial (gain)/loss (19,861) (2,829) (7,429) (9,227)
Foreign currency exchange rate changes (6,039) 4,333
Benefit payments (11,749) (11,371) (1,494) (1,216)
 
Projected Benefit obligation -- end of year $ 175,373
$ 192,410
34,111 $ 45,908
 
Accumulated Benefit Obligation
167,318
$ 184,724
 
$ 33,663
$ 45,370
 
Change in Plan Assets          
Plan assets at fair value -- beginning of year 183,940 $ 166,138 34,310 $ 31,973
Actual return on plan assets (34,775) 26,142 4,423 (324)
Foreign currency exchanges rate changes   (5,810) 3,049
Employer contribution 3,031 3,031 940 665
Participant contribution   185 163
Settlements    
Benefit payments (11,749) (11,371) (1,494) (1,216)
 
Plan assets at fair value -- end of year 140,447 $ 183,940 $ 32,554 $ 34,310
 
Funded Status   $ (8,470) (1,557) $(11,598)
 
Balance Sheet Amounts
   
Noncurrent assets
$ —
   
$ 167
Current liabilities
(30)
(30)
   
Noncurrent liabilities
(34,896)
(8,440)
 
(1,557)
(11,765)
 
Net amount recognized
(34,896)
$ (8,470)
(1,557)
$(11,598)
 

The pretax amounts recognized in accumulated other comprehensive income included the following as of November 30, 2008:

 
Pension Benefits
U.S. Postretirement
Benefits
(in thousands)
U.S.
Non-U.S.

Net actuarial loss
$ 54,908
$ (9,662)
$ (236)
Prior service cost
288
1,587
437
 
Net amount recognized
$ 55,196
$ (8,075)
$ 201
 

The Company’s estimate of 2009 amortization of amounts included in accumulated other comprehensive income was as follows, as of November 30, 2008:

 
Pension Benefits
U.S. Postretirement
Benefits
(in thousands)
U.S.
Non-U.S.

Net actuarial loss
$ 5,802
$ (674)
$ —
Prior service cost/(credit)
72
$ (263)
 
Net amount recognized
$5,874
$ (937)
$ —
 

The Company contributed $3,000,000 to the U.S. pension plan and $940,000 to the non-U.S. pension plans in 2008. The Company expects to contribute approximately $8,500,000 to its U.S. pension plan and $1,800,000 to the non-U.S. pension plans in 2009. The increased contribution is due to the decrease in plan assets associated with declining investment markets in 2008 and to the requirement of the Pension Protection Act of 2006.

Expected future pension benefit payments, which reflect expected future service, were as follows as of November 30, 2008:

(in thousands)
Year Ending November 30,
U.S. Pensions Benefits
Non-U.S. Pensions Benefits
 
2009
$ 11,927
$ 1,299
 
2010
12,431
1,538
 
2011
12,980
1,575
 
2012
13,367
1,686
 
2013
13,743
1,823
 
2014-2018
73,222
10,291

Net periodic benefit costs for the Company's defined benefit retirement plans for 2008, 2007 and 2006 included the following components:

(in thousands) U.S. Pension Benefits Non-U.S. Pension Benefits

 
2008
2007
2006
2008
2007
2006
 
             
Service cost
$ 2,974
$ 2,928
$ 3,255
$ 439
$ 529
1,101
Interest cost
11,553
11,178
10,193
2,541
2,260
1,870
Expected return on plan assets
(15,713)
(14,172)
(12,210)
(1,692)
(1,680)
(1,433)
Amortization of unrecognized
prior service cost
117
113
104
306
281
488
Curtailment
325
2,911
Amortization of unrecognized
net transition obligation
151
317
Amortization of accumulated loss
1,134
3,904
4,434
Other, net
610
 
Net periodic cost
$ 65
$ 3,951
6,106
$ 1,594
$ 1,541
$ 5,864
 

The following table provides the weighted-average assumptions used to compute the actuarial present value of projected benefit obligations:

(in thousands) U.S. Pension Benefits Non-U.S. Pension Benefits
 
2008
2007
2006
2008
2007
2006
 
Weighted-average discount rate
7.29%
6.15%
5.95%
6.70%
5.60%
4.50%
Rate of increase in compensation levels
4.25%
3.65%
3.45%
2.25%
2.00%
2.00%

The following table provides the weighted-average assumptions used to compute the actuarial net periodic benefit cost:

(in thousands) U.S. Pension Benefits Non-U.S. Pension Benefits
 
2008
2007
2006
2008
2007
2006
 
Weighted-average discount rate
6.15%
5.95%
5.60%
5.60%
4.50%

4.00%
Expected long-term rate of return on plan assets
8.75%
8.75%
8.75%
4.80%
5.00%
5.20%
Rate of increase in compensation levels
3.65%
3.45%
3.10%
2.00%
2.00%
2.00%

The discount rate was determined by projecting the plan’s expected future benefit payments as defined for the projected benefit obligation, discounting those expected payments using a theoretical zero-coupon spot yield curve derived from high-quality corporate bonds currently available as of the plan measurement date, and solving for the single equivalent discount rate that resulted in the same projected benefit obligation.

The expected long-term rate of return on plan assets was determined based on historical and expected future returns of the various asset classes in which the Company expects the pension funds to be invested. The expected returns by asset class were as follows, as of November 30, 2008:

 
U.S. Pension Benefits
Non-U.S. Pension Benefits

Equity securities
10%
8%
Debt securities
5%
5%
Real estate
7%
Other  
5%

At November 30, 2008, the Company decreased the long-term rate of return on assets assumption to 8.50% to reflect current expectations for future returns in the equity markets.

The following table shows the Company's target allocation range for the U.S. defined benefit pension plan, along with the actual allocations, as of November 30:

 
Target
2008
2007

Domestic equities
65%
64%
71%
International equities
10%
9%
11%
Fixed-income equities
25%
27%
18%
 
Total
100%
100%
100%

Approximately 14% of the Company’s employees are covered by union-sponsored, collectively-bargained,multi-employer pension plans. Related to these plans, the Company contributed and charged to expense $1,000,000, $2,000,000, and $3,000,000 in 2008, 2007, and 2006, respectively.These contributions are determined in accordance with the provisions of negotiated labor contracts and generally are based on the number of hours worked. The Company has no intention of withdrawing from any of these plans, nor is there any intention to terminate such plans.

The Company provides to certain employees a savings plan under Section 401(k) of the U.S. Internal Revenue Code. The savings plan allows for deferral of income through contributions to the plan,within certain restrictions. Company matching contributions are in the form of cash. In 2008, 2007, and 2006, the Company recorded expense for matching contributions of $296,000, $648,000, and $1,387,000 respectively.

Postretirement Benefits
The following sets forth the change in benefit obligation, change in plan assets, funded status and amounts recognized in the balance sheets as of November 30, 2008 and 2007 for the Company's U.S. postretirement health care and life insurance benefits. The measurement date of plan assets and obligations is October 1 for each year presented:

(in thousands) U.S. Post Retirement Benefits
  2008 2007
Change in Benefit Obligation

Projected benefit obligation - beginning of year $ 3,504 $ 3,492
Service cost 96 88
Interest cost 209 202
Actuarial gain (522) (149)
Benefit payments (139) (129)
 

Projected benefit obligation-end of year $ 3,148 $ 3,504
Change in Plan Assets

Plan assets at fair value-beginning of year $ 365 $ 396
Actual return on plan assets 10 1
Benefit payments (33) (32)
 

Plan assets at fair value-end of year $ 342 $ 365
 
Funded Status $ (2,806) $ (3,139)
 


Balance Sheet Amounts
   
Noncurrent liabilities $ (2,806) $ (3,139)

Expected future benefit payments,which reflect expected future service,were as follows as of November 30, 2008:

(in thousands)
Year Beginnng November 30,
U.S. Post-Retirement Benefits
 
2009
$ 225
 
2010
233
 
2011
230
 
2012
214
 
2013
232
 
2014-2018
$ 1,415

Net periodic benefit costs for the Company's postretirement health care and life insurance benefits for 2008, 2007 and 2006 included the following components:

(in thousands)
U.S. Postretirement Benefits

  2008 2007 2006
 
Service cost $ 96 $ 88 $ 78
Interest cost 209 202 179
Expected return on plan assets 32 (35) (27)
Amortization of unrecognized prior service cost/(gain) 19 19 (14)
Amortization of unrecognized net transition obligation 46 46 46
Amortization of accumulated loss 11 15 41
 
Net periodic cost $ 349 $ 335 $ 303
 

The following table provides the weighted-average assumptions used to compute the actuarial present value of projected benefit obligations:

(in thousands)
U.S. Postretirement Benefits

  2008

2007

2006
 
Weighted average discount rate 7.29% 6.15%
5.95%
Rate of increase in compensation levels 4.25% 3.65% 3.45%

The following table provides the weighted-average assumptions used to compute the actuarial net periodic benefit cost:

(in thousands)
U.S. Postretirement Benefits

  2008 2007 2006
 
Weighted average discount rate 6.15% 5.95%
5.60%
Rate of increase in compensation levels 3.65% 3.45% 3.10%

The assumed health care cost trend decreased from 10% to 9% in 2008, and it is assumed that the rate will decline gradually to 5% by 2012 and beyond. The effect of a one-percentage-point change in the assumed health care cost trend would have changed the amounts of the benefit obligation and the sum of the service cost and interest cost components of postretirement benefit expense for 2008, as follows:

(in thousands) Increase Decrease
 
Effect on total of service and interest cost components of net periodic expense $ 16 $ (15)
Effect on post retirement benefit obligation 120 (106)

The Company provides life insurance to eligible executives with life insurance protection equal to three times base salary. Upon retirement, the executive is provided with life insurance protection equal to final base salary. There were no expenses related to this plan in 2008, 2007, or 2006.

The Company has severance agreements with certain key employees that could provide benefits upon termination of up to three times total annual compensation of such employees.

Note Seventeen

 
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