SUMMARY PLAN DESCRIPTION ESSELTE GROUP U.S. RETIREMENT INCOME PLAN

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1 SUMMARY PLAN DESCRIPTION ESSELTE GROUP U.S. RETIREMENT INCOME PLAN Updated as of March, 2016 Important Note This booklet is called a Summary Plan Description ( SPD ) and is intended to provide a brief description of the Plan s features. Complete details of the Plan are contained in the Plan document. If there is a difference between this booklet and the Plan document, the Plan document (available through Human Resources) will govern. The information provided on taxes is general in nature and may not apply to your personal circumstances. You should consult a tax advisor for more information.

2 Plan Highlights The following information contains highlights of the Plan. Please read the entire Summary Plan Description for more details. Status of the Plan The Plan was frozen as of September 30, This means that, regardless of any other provision of this SPD, no further benefits accrue after that date. Funded by Company Contributions The Plan is funded by Company contributions. Currently you are neither required nor permitted to make contributions to the Plan. Accrued Benefit Your Accrued Benefit (that is, the annual benefit you have earned under the Plan at any time) will be based on your Compensation each year and your years of Benefit Service under the Plan. No additional benefits will accrue after September 30, Vesting You will normally be 100% vested (that is, you will have a nonforfeitable interest) in your Accrued Benefit after you complete five Years of Vesting Service. Leaving the Company If you are vested in your Accrued Benefit when you leave the Company, you will normally receive a monthly benefit from the Plan commencing as of your Normal Retirement Date or, if later, following your retirement with the Company. If you prefer, you may elect to have your benefit commence as early as age 55. Esselte Group U.S. Retirement Income Plan

3 Table of Contents INTRODUCTION 1 IMPORTANT DEFINITIONS 1 JOINING THE PLAN 2 NORMAL RETIREMENT BENEFIT 3 DEFERRED RETIREMENT 6 EARLY RETIREMENT 6 DISABILITY RETIREMENT 8 OTHER TERMINATION OF EMPLOYMENT 9 DISTRIBUTION OF YOUR BENEFIT 9 DEATH BENEFIT 11 LEAVE OF ABSENCE 12 RE-EMPLOYMENT AFTER RETIREMENT 12 OTHER IMPORTANT FACTS 13 INQUIRIES, CLAIMS AND APPEALS PROCEDURES 14 YOUR ERISA RIGHTS AND INFORMATION 19 Esselte Group U.S. Retirement Income Plan

4 Introduction This Plan was previously maintained by Esselte Corporation. As of March 25, 2014, Esselte Corporation was acquired by, and subsequently on December 31, 2014 merged into, R. R. Donnelley & Sons Company. By virtue of that merger, R. R. Donnelley & Sons Company replaced Esselte Corporation as the sponsor of the Plan and the Plan has been amended to modify various administrative aspects of the Plan. Those changes and others are reflected in this SPD. Your personal financial security in retirement is one of your life s most important objectives. The Company shares your concern and has provided this Plan as one way to help you with your financial future. Important Definitions The following terms are used in this summary: Accrued Benefit - The monthly benefit earned as of the date you retired or otherwise terminated employment, and payable at Normal Retirement Date based on the formula set forth under the Normal Retirement Benefit section. Benefits were frozen as of September 30, Benefits Committee - The committee that administers the Plan. Company - R. R. Donnelley & Sons Company, the Plan Sponsor. With respect to periods prior to the merger of Esselte Corporation into R. R. Donnelley & Sons Company on December 31, 2014, Company and Plan Sponsor refer to Esselte Corporation. Compensation - Your compensation from the Company for a calendar year as reported on your W-2 statement, excluding expense reimbursements or similar items and any severance payments, increased, however, by any pre-tax contributions you may have made to the Company s 401(k) plan or Section 125 (cafeteria) plan. You should be aware, however, that compensation used for Plan purposes will be limited to the amount established by the Internal Revenue Service rules (the limit was $210,000 for 2005). Early Retirement Date - Your Early Retirement Date is normally the first day of the month following the later of your (i) 55 th birthday or (ii) the date you complete at least 5 Years of Vesting Service. However, if you are a former participant in The Dymo Employee Pension Plan and have at least 10 Years of Vesting Service, you may elect early retirement after your age plus Years of Vesting Service total 60 or more. Marriage - The legal union between a participant and a person who thereby became the spouse of the participant. Normal Retirement Date - Your Normal Retirement Date is normally the first day of the month following the later of (1) your 65 th birthday or (2) the earlier of (i) the date you complete five Years of Vesting Service or (ii) the 5 th anniversary of your initial participation in the Plan. However, if you are a former participant in The Dymo Employee Esselte Group U.S. Retirement Income Plan 1

5 Pension Plan, your Normal Retirement Date is the first day of the month on or after your 62 nd birthday. Plan Year - The period on which the administrative and financial records are maintained. For each year prior to January 1, 2015, the Plan Year was the 12-month period beginning January 1 and ending December 31. In 2015, there was a shortened Plan Year that occurred between January 1, 2015 and October 31, Beginning on November 1, 2015, the Plan Year is the 12-month period beginning November 1 and ending October 31. Spouse - A person who is legally married to a participant under the laws of any domestic or foreign jurisdiction that has the legal authority to sanction marriages. A former spouse is treated as a spouse to the extent provided under a qualified domestic relations order. Year of Benefit Service - Benefit Service is used to determine the amount of your Accrued Benefit. You will be credited with Year(s) of Benefit Service based on your full and partial years of employment (computed to the nearest month) while a participant in the Plan; provided, however that no Benefit Service will be credited on or after September 2, 2003 if you terminate employment with the Company and then are subsequently re-employed and no Benefit Service will be credited to any participant on or after September 30, Year of Vesting Service - Vesting Service is used to determine your eligibility for benefits. You will be credited with a Year of Vesting Service for each twelve (12) month period (as measured from your date of hire and any anniversary of that date) during which you are employed by the Company or an affiliate. If you terminate employment and return to work within one year, you will be considered to have remained an employee for that period for purposes of Vesting Service. You may also earn vesting service credit during an approved leave of absence, for example, an approved maternity or paternity leave. NOTE: If you leave employment for certain periods of military service and are reemployed, you may be eligible to receive vesting and benefit service credit for your period of qualified military service in accordance with the rules under the Uniformed Services Employment and Reemployment Rights Act of You should contact Human Resources if you have any questions regarding this provision. Joining the Plan Eligibility The Plan was closed to new participants as of September 1, Esselte Group U.S. Retirement Income Plan 2

6 Normal Retirement Benefit Calculation of Normal Retirement Benefit Your normal retirement benefit under the Plan will be determined based on your Current Benefit Service and, if applicable, your Prior Benefit Service using the following formulas: Current Benefit Service For each Year of Benefit Service after December 31, 1999, through March 31, 2005, you will be credited with an annual benefit of: 1.55% of your Compensation for the calendar year plus.45% of your Compensation in excess of $10,000 For each Year of Benefit Service after March 31, 2005 through September 30, 2005, you will be credited with an annual benefit of: 1.55% of your Compensation for the calendar year plus.45% of your Compensation in excess of one-half (½) of the Social Security Wage Base for the year (for example, the Social Security Wage Base for 2005 is $90,000) No additional benefits will be credited after September 30, Prior Benefit Service For each Year of Benefit Service prior to January 1, 2000, you will accrue an annual benefit equal to the sum of (1) and (2) below or, if greater, an annual benefit calculated under (3) below: (1) Your accrued benefit under the Plan as of December 31, 1997, based on the terms of the Plan then in effect; (2) For each Year of Benefit Service between January 1, 1998 and December 31, 1999, the annual benefit earned under the Current Benefit Service formula but based on the prior definition of compensation; Esselte Group U.S. Retirement Income Plan 3

7 (3) Your Years of Benefit Service (in years and twelfths) as of December 31, 1999 multiplied by 1.8% of your Average Compensation, that is, the average of your Compensation during the three consecutive years, out of the last ten-year period ending on December 31, 1999, which produces the highest average. NOTE: Your total annual benefit determined above will be divided by 12 to provide your monthly benefit. NOTE ALSO: Any benefit earned based on your Prior Benefit Service may be reduced by any benefit earned under another Company pension plan or a pension plan of a predecessor company that became part of Esselte Corporation. Example: Assume you retired on January 1, 2006 at age 65 and that your Compensation for 2005 was $50,000 ($12,500 for the period January 1, March 31, 2005, and $25,000 for the period April 1, September 30, 2005), for 2004 was $40,000, for 2003 was $35,000, for 2002 was $32,000, for 2001 was $30,000 and for 2000 was $28,000. Also, assume that you were credited with a total of 20 Years of Benefit Service under the Plan and that your Average Compensation as of December 31, 1999 was $22,000. Based on the foregoing assumptions, your monthly benefit would be calculated as follows: 1. For 2005, your accrual is: For the period 1/01/2005-3/31/ % x $12,500 = $ plus.45% x ($12,500 - $2,500 ($10,000/4)) = $45 $ $45 = $ For the period 4/01/2005-9/30/ % x $25,000 = $ plus.45% x ($25,000 - $33,750 (¾ ths of ½ of the 2005 Social Security Wage Base), not less than $0) = $0.00 $ $0.00 = $ $ $ = $ No additional benefits will accrue after September 30, For 2004, your accrual is: 1.55% x $40,000 = $620 plus.45% x ($40,000 - $10,000) = $135 $620 + $135 = $755 Esselte Group U.S. Retirement Income Plan 4

8 3. For 2003, your accrual is: 1.55% x $35,000 = $ plus.45% x ($35,000 - $10,000) = $ $ $ = $ For 2002, your accrual is: 1.55% x $32,000 = $496 plus.45% x ($32,000 - $10,000) = $99 $496 + $99 = $ For 2001, your accrual is: 1.55% x $30,000 = $465 plus.45% x ($30,000 - $10,000) = $90 $465 + $90 = $ For 2000, your accrual is: 1.55% x $28,000 = $434 plus.45% x ($28,000 - $10,000) = $81 $434 + $81 = $ Your Prior Benefit Service will be determined by the larger of the two calculated benefits, which, for purposes of this example, we will assume will be based on your Average Compensation as of December 31, Thus, for your 15 Years of Benefit Service before 2000, your accrual is: 15 x (1.8% x $22,000) = 15 x $396 = $5, Accordingly, your total monthly benefit accrued under the Plan (payable at age 65) will be: 1/12 th ($ $755 + $655 + $595 + $555 + $515 + $5,940) = $ Esselte Group U.S. Retirement Income Plan 5

9 Payment of Normal Retirement Benefit If you retire on your Normal Retirement Date, payment of your monthly benefit will normally commence as soon as administratively practical following your retirement. Deferred Retirement If you continue in employment with the Company or an affiliate after reaching your Normal Retirement Date, distribution of your benefit will normally be postponed until such time as you do retire, unless you work for less than 40 hours a month. Your monthly benefit at that time will be determined under the Plan formula set forth above. However, if you have not retired by the April 1 st following the year in which you attain age 70½, you may choose to commence your benefit while still in service. A 5% owner of the Company must commence benefit payments on this date. In no case can you defer benefit payment beyond the April 1 st following your retirement if you are over age 70½. Early Retirement If you retire on or after your Early Retirement Date, but prior to your Normal Retirement Date, you will be entitled to receive a monthly benefit commencing on your Normal Retirement Date. Your monthly benefit will be determined in the same manner as your normal retirement benefit. Following your early retirement, you may also elect to have your monthly benefit commence prior to your Normal Retirement Date. However, if benefits commence prior to age 65, your monthly benefit will be reduced to reflect the fact that your monthly benefit will be expected to be made for a longer period of time. Esselte Group U.S. Retirement Income Plan 6

10 The following table shows the percentage of your monthly benefit payable at various ages: Participants Terminating Employment Age When Payments Begin Prior to January 1, 1990* On or After January 1, 1990 For Benefits Accrued Before 4/1/05 For Benefits Accrued After 4/1/ % 100% 100% % 100% 93.33% % 100% 86.67% % 100% 80.00% % 97% 73.33% % 94% 66.67% % 90% 63.33% % 86% 60.00% % 81% 56.67% % 76% 53.33% % 71% 50.00% *Does not apply to former participants of The Dymo Employee Pension Plan who terminated employment prior to January 1, See the schedule below. If your age when benefits start is in between two of the ages shown, your adjustment factor will be interpolated from the two surrounding ages. Esselte Group U.S. Retirement Income Plan 7

11 If you are a former participant in The Dymo Employee Pension Plan and terminated employment with Esselte Corporation prior to January 1, 1990, the early retirement reduction factors listed above do not apply. Instead, your early retirement benefit will be reduced as follows: Age When Payments Begin Former Participants in The Dymo Employee Pension Plan Who Terminated Employment Prior to January 1, to % 61 94% 60 88% 59 82% 58 77% 57 73% 56 69% 55 65% Disability Retirement If you become disabled and qualify for Social Security disability benefits while employed by the Company after having completed at least 10 Years of Vesting Service, you will not receive any immediate payment from the Plan. However, you will continue to accrue benefits as though you were still working, up until you recover, retire or reach age 65, whichever is earlier, but not beyond September 30, While you remain disabled, your benefits will accrue based on the annualized earnings you had for the calendar year in which your disability began. However, if your average earnings for the last three calendar years are higher than your annualized calendar year earnings, that average will be used instead. Esselte Group U.S. Retirement Income Plan 8

12 Other Termination of Employment If you terminate employment for any reason other than your retirement, disability or death, you will be entitled to receive a benefit under the Plan provided you have completed at least 5 Years of Vesting Service. If you have completed the necessary 5 Years of Vesting Service when you terminate employment with the Company and its affiliates, you will normally be entitled to receive a monthly benefit commencing on your Normal Retirement Date. However, if you prefer, you may elect to have your monthly benefit commence as of the first day of any month following your 55 th birthday. If you do so, you should be aware that your monthly benefit will normally be reduced, in the manner described for early retirement, to reflect the earlier distribution of your benefit. Once again, your benefit will not be reduced if it commences after you attain age 65. Distribution of Your Benefit Manner of Distribution If the present value of your vested benefit as of the date of your retirement or other termination from employment is not more than $5,000, your vested benefit will automatically be distributed, in a single-sum payment, as soon as administratively practicable following your retirement or termination. The determination of the amount of this single-sum payment may by made at any of the following points: (i) after the Administrator is informed of your termination of employment, (ii) as of the date on which a benefit is expected to be distributed to you or your Spouse, or (iii) on an annual basis. However, if the present value of your vested benefit exceeds $1,000 but is equal to or less than $5,000, unless you make a timely election to rollover your benefit to an individual retirement account (an IRA ) or another eligible retirement plan, or elect to have your benefit distributed to you, the present value of your vested benefit will be rolled over to an IRA established at Millennium Trust Company, LLC ( Millennium ) and invested in an investment product entitled the FDIC Insured Bank Money Market Demand Account. If the present value of your vested benefit is $1,000 or less, unless you make a timely election to rollover your benefit to an IRA or another eligible retirement plan, your entire vested benefit will be paid to you, in a single-sum payment, as soon as administratively practicable following your retirement or other termination of employment. You should be aware that if your vested benefit is automatically rolled over to a Millennium IRA, your benefit will be invested in the FDIC Insured Bank Money Market Demand Account, an investment product designed to preserve principal and provide a reasonable rate of return consistent with liquidity. Any fees and expenses under the Millennium IRA will be charged to your account. If you would like more information regarding this automatic rollover provision, please contact the R. R. Donnelley Pension Service Center (the Pension Service Center ) online at rrdspdxpress.com, by calling 1- Esselte Group U.S. Retirement Income Plan 9

13 (you will need your password) or by mail at the following address: RR Donnelley Pension Service Center, 3800 American Blvd. West, Suite 400, Minneapolis, Minnesota If you would like additional information regarding the IRA, fees and expenses, or services from Millennium, you can call Millennium at Otherwise your benefit will be paid, in accordance with your election, under one of the payment forms described below: Life Annuity If you are not married, your benefit under the Plan will normally be paid to you in the form of a Life Annuity. This means that monthly payments will continue to you for as long as you live and will stop upon your death. 50% Joint and Survivor Annuity If you are married on the date your benefit is to commence, unless you elect otherwise with your spouse s consent, you will automatically receive a 50% Joint and Survivor Annuity. Under this form of benefit, you will receive a monthly benefit for life. Following your death, if you are survived by your spouse, he or she will receive a monthly benefit for the remainder of his or her life equal to 50% of the benefit you were receiving at the time of your death. If you outlive your spouse, payments will stop following your death. NOTE: If you are married, you do not have to elect the 50% Joint and Survivor Form; it is automatic. Although, if you prefer, you may elect to receive your benefit in the form of a Life Annuity, or in either of the optional forms described below, by filing a written notice prior to the date your benefit commences. However, unless you select the 75% or 100% Joint and Survivor Annuity (described below) with your spouse as your beneficiary, you must obtain your spouse s written and notarized consent. Optional Forms of Payment Instead of receiving your benefit in the Life Annuity or, if you are married, the 50% Joint and Survivor Form, you may elect either one of the following optional forms of payment: (1) 33 1/3%, 50%, 75% or 100% Joint and Survivor Annuity: This form is similar to the 50% Joint and Survivor Form in that you will receive an adjusted benefit for your lifetime, with payments continuing to your beneficiary, if surviving, after your death. Following your death, if you are survived by your beneficiary, he or she will receive a monthly benefit for the remainder of his or her life equal to 33 1/3%, 50%, 75% or 100% (as the case may be) of the benefit you were receiving at the time of your death. As is the case with the 50% Joint and Survivor Form, if you outlive your beneficiary, payments will stop when you die. (2) 5-, 10- or 15-Year Certain Life Annuity: This optional form of annuity will provide reduced benefits for your lifetime. Also, in the event you die before you have received 60, 120, or 180 payments (5, 10, or 15 years of payments, depending on which option you select) your beneficiary will receive benefits for the remaining period. If you live longer than the 5, 10 or 15 year certain period, no further benefits will be payable after your death. For example, if you elect a 10- Year Certain Life Annuity and die after 5 years, your beneficiary will receive your monthly benefit for 5 more years. If you die after 10 years, your beneficiary receives nothing. If your designated beneficiary dies before the end of the period certain, the Plan provides that the remaining payments will be paid to the estate Esselte Group U.S. Retirement Income Plan 10

14 of the last to survive. Your Beneficiary You may choose anyone to be your beneficiary under the Plan. However, if you wish to designate someone other than your spouse as your beneficiary, you must obtain your spouse s written and notarized consent. Death Benefit Death Benefit After Distribution Has Commenced If you die following termination of employment with the Company and its affiliates, but after distribution of your benefit has commenced, a death benefit will be paid to your beneficiary only if so provided under the form of distribution you selected. For example, if you have your benefit paid under the 10-Year Certain and Life Annuity option and die before receiving 120 monthly payments, the balance of the 120 monthly payments will be paid to your beneficiary. On the other hand, for example, if you elect to receive your benefit in the form of a Life Annuity, and die after distribution has commenced, no death benefit will be provided under the Plan Death Benefit Before Distribution Has Commenced Married Participant If you die after completing at least 5 Years of Vesting Service and have been married for more than one year at the time of your death, the Plan will pay a survivor benefit to your surviving spouse. If you qualify, this death benefit will provide a lifetime benefit to your surviving spouse equal to the survivor s portion of the 50% Joint and Survivor Annuity. Your spouse can choose to have payments start as of the first day of any month following the later of: (i) your date of death or (ii) the date on which you would have reached age 55; provided that payments beginning before the date on which you would have reached age 65 will be reduced to reflect early payment. NOTE: If the present value of the surviving spouse death benefit, as of the date of your death, does not exceed $5,000, such death benefit will be paid to your spouse in a single lump sum, as soon as administratively practicable following your date of death. Unmarried Participant If you are not married, no survivor benefits are payable under the Plan. Esselte Group U.S. Retirement Income Plan 11

15 Leave of Absence If you are absent for something other than retirement, quit or discharge, you will not be treated as being absent from work if you interrupt your employment for up to one year. However, after one year of such absence, any additional absence will be considered a Break in Service. Moreover, if your absence is because of pregnancy or child care immediately after the birth of your child or the adoption of a child placed with you, you will be allowed an additional year beyond the expiration of your approved absence. During this absence, you will not have incurred a Break in Service. This additional year will not count for vesting or benefit accrual purposes. You will not incur a Break in Service if you are absent for military service or any other authorized leave of absence, as long as you return after your leave of absence ends as prescribed by the law. Finally, you should note that if you retire, quit or are discharged while you are absent from work for any other reason, the period immediately following such termination will be counted for Vesting Service if, and only if, you return to employment with the Company within 12 months of the date on which your initial absence from employment commenced. Re-employment After Retirement Returning to work after retirement affects your benefit if you had started to receive your benefits under the Plan. If your benefits had begun, monthly payments will be suspended when you come back, unless you are over 65 and work less than 40 hours per month. When you finally stop working, your benefits will resume. Esselte Group U.S. Retirement Income Plan 12

16 Other Important Facts R. R. Donnelley & Sons Company is the Plan Sponsor (the Plan Sponsor ). The Plan Sponsor s address, telephone number and federal employer identification number (EIN) are: R. R. Donnelley & Sons Company Corporate Benefits, 37th Floor 35 W. Wacker Drive Chicago, IL Phone: (312) EIN: The Corporate Secretary of R. R. Donnelley & Sons Company is the agent for service of legal process. Legal process may also be served on the Administrator and/or the Trustee. The Corporate Secretary and Administrator s contact information is as follows: Corporate Secretary R. R. Donnelley & Sons Company Legal Department, 36 th Floor 35 W. Wacker Drive Chicago, IL (312) Administrator of the Esselte Group U.S. Retirement Income Plan c/o R. R. Donnelley & Sons Company Corporate Benefits, 37th Floor 35 W. Wacker Drive Chicago, IL (312) The Plan number assigned by the Plan Sponsor is 020. The Plan is a defined benefit pension plan. The Plan Year is the 12-month period beginning November 1 and ending October 31. The funding medium is a trust funded by contributions from the Plan Sponsor. The current Trustee of the Plan is: New York Life Trust Company 169 Lackawanna Avenue Section B1 Parsippany, NJ Esselte Group U.S. Retirement Income Plan 13

17 Effective November 1, 2015 the Trustee of the Plan is: The Northern Trust Company, N.A., 50 South LaSalle Street Chicago, Illinois The Administrative Fiduciary of the Plan is: Administrative Fiduciary of the Esselte Group U.S. Retirement Income Plan c/o RR Donnelley Pension Service Center 3800 American Blvd West, Suite 400 Minneapolis, MN (866) The RR Donnelley Pension Service Center can be reached at: RR Donnelley Pension Service Center 3800 American Blvd West, Suite 400 Minneapolis, MN (866) rrdspdxpress.com The Appeals Fiduciary of the Plan is: Appeals Fiduciary Administrative Subcommittee of the Benefits Committee of the Esselte Group U.S. Retirement Income Plan c/o RR Donnelley Corporate Benefits, 37th Floor 35 W. Wacker Drive Chicago, IL (312) Inquiries, Claims and Appeals Procedures General Information You can file a formal written claim at any time. However, most routine benefit problems such as eligibility are more easily and quickly handled by contacting the Pension Service Center online at rrdspdxpress.com or by phone at In fact, you may contact the Pension Service Center with any questions regarding your benefits or the Plan. However, except for general information, if you call the Pension Service Center they will ask you a few questions to confirm your identity. If you do not have your Login ID or password, you must allow additional time for these to be reestablished in accordance with our security procedures. If you disagree with an answer provided by the Pension Service Center or if the Pension Service Center provides an answer that is not satisfactory to you, you may submit an inquiry to the Benefit Inquiry Team. The Pension Service Center can provide you with an inquiry form and information on how to submit it. The Benefit Inquiry Team will review your inquiry as well as the Plan terms and all other relevant information from your file. This review normally takes less Esselte Group U.S. Retirement Income Plan 14

18 than 30 days. However, if the Benefit Inquiry Team needs to contact you to request more information, it may take up to 45 days, not counting any time while the Benefit Inquiry Team waits for your response. The Benefit Inquiry Team will contact you in writing and either (i) explain that it agrees with you and describe the action the Administrative Fiduciary will take to address your situation, or (ii) explain the reason it disagrees with you. If you are still unsatisfied with the response, or if you want to skip the inquiry process described above, you can file a formal written claim as explained below. The following claim review and claim appeal procedures apply to all formal claims of any nature related to the Plan. Procedure for Filing a Claim A communication from you ( claimant ) constitutes a valid claim if it is in writing on the appropriate claim form (or in such other manner acceptable to the Administrative Fiduciary) and is delivered (along with any supporting comments, documents, records, and other supporting information) to the Administrative Fiduciary at the address for the Administrative Fiduciary as provided in this SPD. You must deliver the claim form using one of the methods described below. Your filing must state that it is a formal claim under the Plan s claims and appeals procedures for a benefit or for a determination with respect to the Plan, including with respect to a matter that is or may be relevant to the amount of, or entitlement to, a benefit (at that time or in the future). Otherwise, your filing may not be treated as a valid claim. If a claimant fails to properly file a claim under the Plan for a benefit or for a determination for a matter with respect to the Plan, he or she will be considered not to have exhausted all administrative remedies under the Plan, and this will result in his or her inability to bring a legal action for that benefit or with respect to that matter (see the Legal Action section for more information). Claims and appeals of denied claims may be pursued by a claimant or his or her authorized representative. Any notice or other communication that you send as an initial claim (as explained above) or as an appeal of a denied claim (as explained later, including under the Procedure for Filing an Appeal of a Denial subsection), or any other communication with regard to a claim or appeal must follow the rules explained in this SPD, including the following paragraph, as to how you must deliver the communication. The communication must be in writing. It can only be sent via messenger service, delivery service, or United States mail with first-class postage prepaid. In any of these cases, the communication must be sent to the Administrative Fiduciary at the address for the Administrative Fiduciary specified later in this SPD. Any communication will not be considered given unless you have written confirmation by the messenger or delivery service of delivery to the correct address, or return receipt or other written confirmation of delivery to the correct address from the United States Postal Service in the case of mail. Any communication given as described above will not be considered given until the time evidenced by the receipt or confirmation. Initial Claim Review The Administrative Fiduciary will conduct the initial claim review and consider the applicable terms, provisions, amendments, information, evidence presented, and any other information it deems relevant. In reviewing the claim, the Administrative Fiduciary will also consider and be consistent with prior determinations of similar claims from other Esselte Group U.S. Retirement Income Plan 15

19 claimants which have been processed through the Plan s claims and appeals procedures within the past 24 months. Initial Determination Timing of Notification on Initial Claim The Administrative Fiduciary will notify the claimant within a reasonable period of time, but in any event within 90 days after the Administrative Fiduciary receives the claim, unless the Administrative Fiduciary determines that special circumstances require an extension of time for processing. If the Administrative Fiduciary determines that an extension is required, written notice will be furnished to the claimant prior to the end of the initial 90-day period indicating the special circumstances requiring an extension of time and the date by which the Administrative Fiduciary expects to render the determination, which in any event will be within 90 days from the end of the initial 90-day period. Manner and Content of Notification of Denied Claim The Administrative Fiduciary will provide the claimant with written or electronic notice of any denial, in accordance with applicable U.S. Department of Labor regulations. The notification will include: The specific reason or reasons for the denial; Reference to the specific Plan provision(s) on which the determination is based; A description of any additional material or information necessary for the claimant to perfect the claim, and an explanation of why such material or information is necessary; and A description of the Plan s review procedures and the time limits applicable to such procedures, including a statement that the claimant has the right to bring a civil action under Section 502(a) of ERISA with respect to the claimant s claim. Review of Initial Determination Procedure for Filing an Appeal of a Denial A claimant must bring any appeal of a denial to the Appeals Fiduciary within 60 days after he or she receives notice of the denial. If the claimant fails to appeal within the 60-day period, he or she will not be permitted to seek an appeal and he or she will have failed to have exhausted all administrative remedies under the Plan. This failure will result in the claimant s inability to bring a legal action to recover a benefit under the Plan or with respect to another matter with respect to the Plan. The claimant s request for an appeal must be in writing delivered to the Appeals Fiduciary using one of the methods described above under the Procedures for Filing a Claim subsection. A claimant s request for an appeal must be filed with the Appeals Fiduciary at the address for the Appeals Fiduciary specified later in the Other Important Information section of this SPD. Review Procedures for Denials The Appeals Fiduciary will provide a review that takes into account all comments, documents, records, and other information the claimant submits without regard to Esselte Group U.S. Retirement Income Plan 16

20 whether such information was submitted or considered in the initial determination. The Appeals Fiduciary will also consider and be consistent with prior determinations of similar claims from other claimants which have been processed through the Plan s claims and appeals procedures within the past 24 months. The claimant will have the opportunity to submit written comments, documents, records, and other information relating to the claim. The claimant will be provided, upon request and free of charge, reasonable access to and copies of all relevant documents. Timing of Notification of Determination on Review The Appeals Fiduciary will notify the claimant of the Appeals Fiduciary s decision within a reasonable period of time, but in any event within 60 days after the Appeals Fiduciary receives the claimant s request for review (unless the Appeals Fiduciary determines that special circumstances require an extension of time for processing the review of the adverse benefit determination). If the Appeals Fiduciary determines that an extension is required, written notice will be furnished to the claimant prior to the end of the initial 60-day period indicating the special circumstances requiring an extension of time and the date by which the Appeals Fiduciary expects to render the determination on review, which in any event will be within 60 days from the end of the initial 60-day period. If such an extension is necessary due to the claimant s failure to submit the information necessary to decide the claim, the period in which the Appeals Fiduciary is required to make a decision will be tolled from the date on which the notification is sent to the claimant until the claimant responds to the request for additional information. If the claimant fails to provide the necessary information in a reasonable period of time, the Appeals Fiduciary may, in its discretion, make a determination on the claim. Manner and Content of Notification of Determination on Review The Appeals Fiduciary will provide a written or electronic notice of the Appeals Fiduciary s benefit determination on review, in accordance with applicable U.S. Department of Labor regulations. If your appeal is denied, the notification will set forth: The specific reason or reasons for the denial; Reference to the specific Plan provision(s) on which the determination is based; and A statement that the claimant is entitled to receive, upon request and free of charge, reasonable access to and copies of all relevant documents, including a statement that the claimant has the right to bring a civil action under Section 502(a) of ERISA with respect to the claimant s claim. Where benefits are provided pursuant to a collective bargaining agreement which contains provisions regarding the filing and disposition of claims and/or a grievance and arbitration procedure, then such procedures apply rather than the foregoing. Legal Action You cannot bring legal action to recover any benefit under the Plan or with respect to Esselte Group U.S. Retirement Income Plan 17

21 another matter with respect to the Plan if you do not file a valid claim and seek timely review of a denial of that claim and otherwise exhaust all administrative remedies under the Plan. In addition, no legal action may be brought after the later of (i) June 5, 2016 and (ii) two years after the later of: The day the Administrative Fiduciary first received the initial claim; or If the claimant received a denial of an appeal of such claim, the day of such receipt. Any legal action involving or related to the Plan, including but not limited to any legal action to recover any benefit under the Plan or with respect to another matter with respect to the Plan, must be brought in the United States District Court for the Northern District of Illinois, and no other federal or state court. With respect to any such legal action or any administrative proceeding related to a claim, regardless of whether such legal action or administrative proceeding is decided in your favor, you will not be entitled to recover any legal fees or expenses from the Plan, the Company, any employer, the Benefits Committee, the Administrator, any of their respective designees, allocatees, officers, directors, trustees, employees or agents, or any other person with a right to indemnification from the aforementioned parties or individuals. Esselte Group U.S. Retirement Income Plan 18

22 Your ERISA Rights and Information What are my rights under the Employee Retirement Income Security Act of 1974? As a participant in the Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 ( ERISA ). ERISA provides that all Plan participants are entitled to: Receive Information About Your Plan and Benefits examine, without charge, at the Administrator s office and at other specified locations, such as worksites and union halls, 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 Employee Benefits Security Administration. obtain, upon written request to the 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 description. The Administrator may make a reasonable charge for the copies. receive an annual funding notice. The Administrator is required by law to furnish each participant with a copy of this notice. obtain a statement telling you whether you have a right to receive a benefit at normal retirement date and, if so, what your benefit would be at normal retirement age if you stop working under the Plan now. If you do not have a right to a benefit, the statement will tell you how many years you have to work to get a right to a benefit. This statement is not required to be given more than once a year. 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 Plan. The people who operate the 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, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a benefit under the Plan or exercising your rights under ERISA. Esselte Group U.S. Retirement Income Plan 19

23 Enforce Your Rights If your claim for a benefit is denied or ignored, in whole or in part, you have the 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 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, 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 the Plan, you should contact the Administrator. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the Administrator, you should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration. How will my participation in the Plan affect my IRA? According to the current federal tax laws, you can continue to maintain IRAs while you are participating in the Plan, and you can make after-tax contributions to your IRA in amounts permitted by the federal tax laws. But your ability to make tax-deductible contributions to an IRA for any year in which you participate in the Plan is restricted according to your income level. See the instructions to Form 1040 or contact your tax advisor for more information. What happens if the Plan is amended or terminated? The Company reserves the right to amend the Plan or to terminate it. However, no amendment can reduce your Accrued Benefit. If the Plan terminates, your Accrued Benefit will become 100% vested, that is, nonforfeitable. The Plan is for the exclusive Esselte Group U.S. Retirement Income Plan 20

24 benefit of its participants and, therefore, Plan assets cannot go back to the Company unless all Accrued Benefits are funded. Is there any way I can lose Plan benefits? In general, your Accrued Benefit cannot be attached or paid to creditors or to anyone other than yourself. However, under federal law, the Administrator is required to obey a Qualified Domestic Relations Order. This is a decree or order issued by a court that satisfies certain requirements under the Internal Revenue Code. A Qualified Domestic Relations Order may require that all or a portion of your Accrued Benefit be paid to your spouse, former spouse, child or other dependent. The Administrator, in accordance with procedures set forth in the law, will determine the validity of any order received and will inform you upon the receipt of any such order affecting you. You may obtain, without charge, a copy of such procedures from the Administrator. Should I be aware of any other aspects of the Plan? In an effort to keep retirement plans from favoring key employees, Congress has put a complicated set of rules in the Internal Revenue Code which apply to any top-heavy retirement plan. Stated simply, the Plan will be top-heavy if the Accrued Benefits of key employees (generally officers, shareholders, and other higher-paid employees) exceeds 60% of the Accrued Benefits of all participants. Each year, the Plan will be tested to determine if it is top-heavy. Although, it is unlikely that the Plan will become top-heavy, if it does, special rules will become effective which could increase your benefit under the Plan and your vested interest therein. You should also be aware of the fact that your pension benefits under this Plan are insured by the Pension Benefit Guaranty Corporation (PBGC), a federal insurance agency. If the Plan terminates (ends) without enough money to pay all benefits, the PBGC will step in to pay pension benefits. Most people will receive all of their pension benefits, but some people may lose certain benefits. The PBGC guarantee generally covers: (1) normal and early retirement benefits; (2) disability benefits if you become disabled before the Plan terminates; 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 for the year in which the Plan terminates; (2) some or all of benefit increases and new benefits based on Plan provisions that have been in place for fewer than 5 years at the time the Plan terminates; (3) benefits that are not vested because you have not worked long enough for the Company; (4) benefits for which you have not met all of the requirements at the time the Plan terminates; (5) certain early retirement payments (such as supplemental benefits that stop when you become eligible for Social Security) that result in an early retirement monthly benefit greater than your monthly benefit at the Plan s normal retirement age; and (6) non-pension benefits, such as health insurance, life insurance, certain death benefits, vacation pay, and severance pay. Esselte Group U.S. Retirement Income Plan 21

25 Even if certain of your benefits are not guaranteed, you still may receive some of those benefits from the PBGC depending on how much money your plan has and on how much the PBGC collects from employers. For more information about the PBGC and the benefits it guarantees, ask the Administrator or contact the PBGC s Technical Assistance Division, 1200 K Street N.W., Suite 930, Washington, D.C or call (not a toll-free number). TTY/TDD users may call the federal relay service toll-free at and ask to be connected to Additional information about the PBGC s pension insurance program is available through the PBGC s website on the Internet at Esselte Group U.S. Retirement Income Plan 22