THE SHERWIN-WILLIAMS COMPANY SALARIED EMPLOYEES REVISED PENSION INVESTMENT PLAN SUMMARY PLAN DESCRIPTION (SPD) 2011 Edition

Transcription

1 THE SHERWIN-WILLIAMS COMPANY SALARIED EMPLOYEES REVISED PENSION INVESTMENT PLAN SUMMARY PLAN DESCRIPTION (SPD) 2011 Edition 1

2 TABLE OF CONTENTS PAGE Important Information... 4 Who To Contact... 5 Introduction... 6 Highlights of the Plan... 6 Eligibility and Participation... 7 Contributions... 8 Company Contributions Rollover Contributions Maximum Total Contributions Investments Investment Direction Investment Committee Vesting Forfeitures How Your Account Is Valued Account Statements Your Beneficiary Designation Changes to Employment Status If You Retire If You Terminate Employment If You Are on a Leave of Absence If You Die Obtaining a Distribution from Your Account Retirement Distributions Termination of Employment Death Benefit Distribution Federal Tax Information Employer Contributions Plan Earnings Distribution of Employer Contributions Lump Sum Distributions upon Termination of Employment Rollover of Distributions Penalty and Excise Taxes 2

3 Claim Procedures 15 Claim for Benefits Initial Benefit Determination after a Claim is Filed Appeal of Your Initial Adverse Benefit Determination Additional Information You May Not Assign or Alienate Your Account Qualified Domestic Relations Order Administrator of the Plan Plan Expenses Missing Participants or Beneficiaries Top-Heavy Rules Plan Continuation Pension Benefit Guaranty Corporation ERISA Rights Receive Information about Your Plan and Benefits Prudent Action by Plan Fiduciaries Enforce Your Rights 3

4 IMPORTANT INFORMATION Plan Name: The Sherwin-Williams Company Salaried Employees Revised Pension Investment Plan Plan Sponsor: The Sherwin-Williams Company 101 Prospect Ave. NW Cleveland, Ohio Phone: Employer Identification Number: Plan Number: 010 Type of Plan: Defined Contribution Money Purchase Pension Plan Plan Administrator: Administration Committee c/o The Sherwin-Williams Company Employee Benefits Department 101 Prospect Ave. NW Cleveland, Ohio Phone: Plan Year and Recordkeeping: January 1 through December 31 Funding Medium: The Sherwin-Williams Company Salaried Employees Revised Pension Investment Plan Trust Plan Trustee: Fidelity Management Trust Company 82 Devonshire Street Boston, MA Name and Address of Plan Agent for Service of Legal Process*: Secretary The Sherwin-Williams Company 101 Prospect Ave. NW Cleveland, Ohio *Service of legal process may also be made upon the Trustee or Plan Administrator. 4

5 WHO TO CONTACT Sherwin-Williams Retirement and Savings Plans Sherwin-Williams Employee at or Fidelity Your Human Benefits Service Center Customer Service Line at Resource at Activity * Representative or Change your investment election for future contributions Transfer funds to different investments Request investment information, current prices, and yields on the Plan s investment options Find out your account balance Establish or change your beneficiary Request a retirement package Request a total distribution upon termination of employment Request an annuity quote as an alternative to a lump-sum distribution Beneficiary distributions upon the death of a Participant Change your name or address** *The Sherwin-Williams Customer Support Line through Fidelity is available: Generally 24 hours a day, 7 days a week for the automated voice response system. For service representatives, any business day 8:30am to 12:00 Midnight EST. You can also access your account via the Internet at Hearing Impaired Number International Call Number or collect Spanish CSR Number (hables Espanol) **If you are an employee of the Company, you can make these changes directly on the Global Employee Management System (GEMS). If you are no longer employed by the Company, contact the Customer Service Line (through Fidelity) at to change your address 5

6 INTRODUCTION This document describes the benefits under The Sherwin-Williams Company Salaried Employees Revised Pension Investment Plan (the Plan ). The Plan is a money purchase pension plan which The Sherwin-Williams Company (the Company ) maintains to provide retirement benefits for Eligible Employees of the Company. The benefits provided under the Plan are in addition to other benefits the Company may provide along with Social Security that can be an important source of income at your retirement. This Summary Plan Description ( SPD ) is a summary of important provisions contained in the Plan document. This SPD is not a complete description of the Plan document. If there is any conflict between this SPD and the formal Plan document, the provisions of the Plan document will control. You may obtain a copy of the Plan document from the Employee Benefits Service Center. HIGHLIGHTS OF THE PLAN You Do Not Make Contributions... The Company makes all contributions to this Plan on your behalf (based on meeting the eligibility requirements discussed later). By meeting the eligibility requirements, you are automatically enrolled in this Plan and eligible for the annual contribution. Investment Choices... You choose how your contributions to the Plan are invested. You can invest in one or more of the Plan s investment options, which include a variety of money market, fixed income and equity funds. Investment Changes... Your Account is valued at the end of every business day, which means you can generally change your investment mix as frequently as daily. Flexibility... When you retire, you may choose to receive your Account in a single lump-sum rollover amount. You can also choose to have various forms of life annuities purchased for you by the Plan. In either case, you have the flexibility to choose how your Account is distributed. If you leave the Company before you retire and you are vested in your Account balance, you can roll over your Plan balance to another qualified plan arrangement. Tax Advantage... You won t pay income taxes on Company contributions, or any earnings until you begin receiving a distribution of your Account. 24 hour Access... You can log on to or call the Plan s Customer Service Support Line at to get information about your Account, to change your investment elections, to transfer (exchange) funds, to request information about the investment 6

7 options, and to request a total distribution from the Plan once you are eligible for such a distribution (i.e., termination of employment). ELIGIBILITY AND PARTICIPATION As an employee of the Company, to become eligible to receive the annual Company Contribution to the Plan you must: be hired (with employment commencing) prior to January 1, 2002, or on or after October 1, 2011, be an employee (either full-time or part-time) of the Company or a subsidiary of the Company which has adopted the Plan, not be a member of a collective bargaining unit unless eligibility for the Plan is extended to such members through negotiation, and be a citizen of the United States if you are working abroad, under certain circumstances described in the Plan, or a non-us citizen working in the United States. You begin participation in the Plan when the following conditions are satisfied: you complete 6 months of service with the Company (this makes you eligible to participate in the Plan), you complete at least 1,000 hours of service during the calendar year as a Company employee (this gives you vesting service associated with your Account), and you are employed on the last day of the year in which you become eligible and accrue vesting service (you need to be employed by the Company on this day to be eligible for a contribution). Once you become eligible to participate in the Plan, you will be sent an information package and copy of this SPD. This package provides you with additional information on both the Plan and how to direct the Company s contribution to your Account into the various investments offered. Once you meet the eligibility and participation requirements noted above you will become a Participant in the Plan. Please note that on December 31, 2001 the Plan was frozen to new members. That means that for anyone hired or re-hired after December 31, 2001 they were not be eligible for the Plan (but may be eligible for another retirement program offered by the Company). Effective October 1, 2011, the Plan was re-opened to new hires and former employees. For Participants who terminate employment and are later re-employed, special rules (called Break in Service Rules ) apply. Contact the Employee Benefits Service Center if you have questions relating to participation upon re-employment. 7

8 CONTRIBUTIONS All contributions to your Account are made by the Company. You cannot make contributions to your Plan Account. You are eligible for a Company contribution each year if: you meet the eligibility requirements, as previously discussed, you complete at least 1,000 hours of service during the year, and you are employed on the last day of the Plan year. You may also be eligible for a contribution during the year in which you a) are eligible to retire, or b) die (and are vested in your Account balance). Contact the Employee Benefits Service Center if you have specific questions about these special circumstances. Company Contributions If you are a Participant in the Plan the Company will contribute to your Account a contribution amount based on a percentage of your earnings. The contribution percentage is based on the sum of your age and service with the Company determined on the last day of the year. The following table illustrates how your contribution percentage is derived: If your combination of Your Age and Service years Contribution is between: Percent is: 18 and % 35 and % 45 and % 55 and % 65 and % 75 and % 85 and % 95 and up 7.0% Earnings generally include the compensation reported on your annual W-2 form, with the following adjustments: increased for pre-tax contributions you make to the Employee Stock Purchase and Savings Plan (401(k) Plan) or for pre-tax health care charges, and decreased by tuition aid, moving expenses, stock option or restricted stock income, separation pay and any other pay designated as non-creditable by the Company. The Company contribution will generally be credited to your Account no later than the last business day of March following the year in which you are credited with participation service. 8

9 Rollover Contributions You cannot make a rollover contribution from another qualified plan, such as a prior employer plan, to this Plan. Maximum Total Contributions The IRS limits the maximum contributions (employee and employer) that can be made to defined contribution plans each calendar year to the lesser of $49,000 for 2011 and $50,000 for 2012 (subject to an annual adjustment) or 100% of your compensation. INVESTMENTS The funds that are contributed to the Plan on your behalf are held in a trust by the Trustee. The Trustee must hold the Trust Fund assets for the exclusive benefit of the Participants and their beneficiaries. Investment Direction You are permitted to direct the investments of the funds credited to your Account among the various investment options offered by the Plan. You may revoke or change your investments at any time. For a complete list of investment options available within the Plan, including fees and expenses, log on to or call the Customer Service Support Line at and ask for free prospectuses. Read them carefully before you make your investment choices. When you first direct the investment of the Company s contribution to your Account, you will: establish a Personal Identification Number (PIN) to be used to access your Account in the future, and choose how you want to invest your own contributions. You can direct your Account on a daily basis through the Plan s Voice Response System, or by speaking directly to a service representative any business day between the hours of 8:30 A.M. and 12:00 Midnight, or by logging on to Transaction requests received after 4 p.m. Eastern time or on weekends or holidays will receive the next business day s closing price. If you do not direct the investments of your Company contribution, your contribution Account will be defaulted, or automatically invested, in a Fidelity Pyramis Fund pool that closely matches your retirement date based on a projected retirement age of 65. Sherwin-Williams makes no guarantees or assurances regarding the performance of any investment option. The value of a Participant s Account will ultimately be determined by the investment results of the investment fund(s) in which a Participant s Account has been invested. The value of such Account is not protected against loss. 9

10 VESTING Investment Committee The Fund Review and Management Committee select and review the investment options from which you may choose. The members of the Committee are fiduciaries of the Plan. The Company intends that the Plan qualifies under Section 404(c) of the Employee Retirement Income Security Act of 1974, which means that participants will be liable for losses that are the direct result of their own investment decisions. Vesting gives you ownership of the money in your Account, which means that you can take your vested Account balance with you when you leave the Company. You earn vesting on the Company contributions to your Account, based on accumulating 1,000 hours of vesting service. You receive one year of vesting service (regardless of when you join the Plan) for each calendar year you are credited with 1,000 hours of service with the Company. If you are actively employed by the Company you become 100% vested in the Company contributions once you earn three (3) vesting years in the Plan. There is no partial vesting; if you leave the Company before earning three vesting years in the Plan, you forfeit your entire Account balance. Forfeitures If you leave the Company before you become fully vested in your Company contributions, you will not be entitled to receive the unvested portion of your Company contributions. The unvested portion of your Company contributions will be forfeited after you leave the Company. If you leave the Company, then later become re-employed by the Company, you may be entitled to a reinstatement of the forfeited portion of your Account, depending on several factors as outlined in the Plan document. Contact the Employee Benefits Service Center if you have questions relating to re-employment participation, and whether any previous forfeitures are eligible for reinstatement. Any amounts forfeited will be applied to reduce Company contributions to the Plan. HOW YOUR ACCOUNT IS VALUED Your Account is valued at the end of every business day the financial markets are open. You can log on to or call the Customer Service Support Line at virtually any time - day or night - to obtain a current Account balance. Account Statements Statements are always available on line at If you don t use the Internet, you will receive a statement at the end of each quarter showing your balance at the beginning of the quarter, the Account activity for the quarter and an ending balance for the quarter. Your statement will be sent to you within a reasonable time after the close of the quarter. 10

11 YOUR BENEFICIARY DESIGNATION It is essential that you establish one or more beneficiaries to receive your Account balance in the Plan in case of your death. Log on to click on the Your Profile tab, and then locate the Beneficiaries link. Follow the step-by-step instructions to designate your beneficiary. If you do not have internet access, you can call the Customer Service Support Line at to obtain a beneficiary form. If you do not designate your beneficiary, your vested retirement benefits will be distributed to your eligible spouse or, if single, to your estate. Effective for plan years after January 1, 2010, in the event of your death before retirement your eligible spouse may elect an optional form of benefit in lieu of any election form on file. As events in your life change over time, you can always update your beneficiary form by logging on to or by contacting the Customer Service Support Line at CHANGES TO EMPLOYMENT STATUS Your level of participation in the Plan will depend on your employment status. If You Retire If you retire from the Company, you will elect a distribution option offered in the Plan. Refer to the Retirement Distribution section of this SPD for further details. If You Terminate Employment If you leave the Company for any reason other than retirement, the value of your Account will automatically be distributed in accordance with the law if the total value is $1,000 or less. Account balances above $1,000 will remain in the Plan and will require your consent before your Account can be distributed 1. If you do not call the Customer Service Support Line at to request a distribution of your vested Account, you will continue to be a Plan Participant subject to the following: you will be eligible to change investment options; you can request a full distribution of your vested Account any time; you will be required to take a minimum distribution each year after you attain age 70 ½; and your vested Account will be distributed to your named beneficiary or estate if you die prior to taking a full distribution. If You Are on a Leave of Absence If you are on an authorized leave of absence, you will continue to accrue hours of service up to one year of vesting. While you are on leave of absence you cannot request a distribution of your vested Account balance. If you are on a military leave of absence, special rules may apply. However, while you are on a leave of absence you can continue to transfer funds among the Plan s investment options and/or change your investment direction. 1 Plan participants who choose to leave their account balances in the Plan will be assessed a small recordkeeping fee equal to the cost the Company would otherwise pay for the Participant as an active employee. 11

12 While on leave of absence you will continue to be a Plan Participant subject to the following: you will be eligible to change investment options; you will be required to take a minimum distribution each year after you attain age 70 ½; and your vested Account will be distributed to your named beneficiary should you die prior to taking a full distribution. If You Die Please refer to the section titled, Death Benefit Distribution of this SPD for payment of death benefits. OBTAINING A DISTRIBUTION FROM YOUR ACCOUNT Retirement Distributions You are eligible to retire from the Company if: you are 65 years old (Normal Retirement Age); you are at least 55 years old, and you have at least 20 years of service; OR you are at least 60 years old or older, and the sum of your age and years of service with the Company equals at least 75 (for example: you are 60 years old and you have 15 years of Service, or you are age 62 with 13 years of Service). To apply for retirement benefits, contact the Employee Benefits Service Center approximately 90 days prior to your retirement to request a retirement packet. The retirement package will include a Pension Option Election Form and an Explanation of Payment Options that describes the distribution options that are available. The distributions options are: Joint & Survivor Annuity (either 50%, 75% or 100%), Single Life Cash Refund Annuity, or One Payment (Lump Sum). If you elect a Joint & Survivor Annuity option, estimates will be provided to you as to the amount you (and your spouse) can expect to receive on a monthly basis from the annuity for your lifetimes. The purchase price of the Joint & Survivor Annuity will be the full balance of your vested Account at the time of the purchase. If you wish to waive the Joint & Survivor Annuity options and choose one of the other Retirement options available (and you are married at the time you retire), your spouse must consent to this waiver by signing the Spouse Consent Statement on page two of the Pension Option Election Form. Your spouse s signature must be witnessed by a Notary Public. If you elect the Single Life Annuity option, you will receive estimates of the amount that will be paid from the annuity to you monthly for your lifetime. The purchase price of the Single Life Annuity will be the full balance of your vested Account at the time of the purchase. This type of annuity will pay you for your lifetime, but if you should die before the full purchase price has been paid to you, the beneficiary(s) you designated will receive a lump sum amount of the difference of what you received from this annuity type and the initial purchase price of the annuity. If you are married at the time of retirement, 12

13 and elect the Single Life Annuity option, the Spouse Consent Statement on page two of the Pension Option Election Form must be completed and your spouse s signature must be witnessed by a Plan Representative or Notary Public. If you elect the One Payment option, you have two choices of distribution: you can elect a direct rollover of your funds to another qualified plan (or IRA), OR you can elect to have your entire Account balance paid direct to you. Please note, you may split the distribution as a) part direct rollover, and b) part paid cash to you, with the cash portion subject to mandatory 20% federal tax withholding. In January of the year following the year you receive your distribution, you will receive a Form 1099-R for this distribution to file with your Federal Income Tax Return. If you are married at the time you retire, and you elect the One Payment option, the Spouse Consent Statement on page two of the Pension Option Election Form must be completed and your spouse s signature must be witnessed by a Plan Representative or Notary Public. Termination of Employment If you terminated your employment from the Company for any reason (other than retirement or death) and you are 100% vested in your Account balance, you may call the Plan s Customer Service Representatives at to request a full distribution from the Plan. This distribution will require you to waive the 50% Joint and Survivor Annuity Option of distribution, and if you are married, your spouse will need to consent to this lump sum distribution by signing a distribution form and having his/her signature notarized. When electing a lump sum distribution, you have two choices of distribution: you can elect a direct rollover of a cash distribution to a qualified plan or IRA arrangement. There will be no taxes deducted for this direct rollover, or you can have the distribution paid directly to you. This type of distribution will require a mandatory 20% federal income tax to be deducted before the distribution is paid to you. Prior to requesting a distribution from the Plan, please read the Federal Tax Information (see below) section of this SPD. Death Benefit Distribution If you should die before retirement, your vested Account balance will be paid to your spouse (if you are married), or to your designated beneficiary(s). Your surviving spouse or beneficiary has the same distribution and/or payment options offered to a retiree. If you officially retire from the Company and you subsequently die, your beneficiary (if applicable) will receive a distribution based on the election form on file with the Company. Your beneficiary will need to submit to the Employee Benefits Service Center a copy of your death certificate prior to the distribution of your vested Account balance. 13

14 FEDERAL TAX INFORMATION The Plan is intended to be qualified under the IRC, as amended. The related trust is exempt from federal income tax under Section 501(a) of the IRC. Contributions made by the Company on behalf of participants in the Plan are deductible by the Company for federal income tax purposes. Employer Contributions Company contributions on behalf of a participating employee are not includible in the employee s gross income, and are not subject to federal income, Social Security or Medicare taxes at the time of contribution. Plan Earnings Earnings or appreciation on Company contributions are not subject to federal income tax until such amounts are withdrawn by the employee or are distributed to the employee upon termination of employment, or are distributed to a beneficiary in the event of the employee s death. Distribution of Employer (Company) Contributions Distribution of employer contributions along with earnings and appreciation thereon will be subject to federal income tax as ordinary income and may be subject to additional taxes as described under the section Penalty and Excise Taxes. Lump Sum Distributions upon Termination of Employment, including Retirement, and Death The Plan provides that a distribution due to retirement, death, total disability, or other termination of employment may be made in a lump-sum distribution. The amount of the lump-sum distribution, including earnings and appreciation on company contributions, is subject to federal income tax as ordinary income. A lump-sum distribution may be subject to penalty and excise taxes, as described under the section Penalty and Excise Taxes. Rollover of Distributions A Participant may defer federal income tax on all or any portion of a withdrawal (other than hardship distributions) or a lump-sum distribution that is rolled over to another qualified plan or to an IRA. A rollover can be made (1) by having the Plan trustee transfer all or a portion of the withdrawal or lump-sum distribution directly to another qualified plan or to the participant s IRA, or (2) by having the Trustee distribute the full amount of a withdrawal or lump-sum distribution to the Participant and the Participant transfers all or a portion of the withdrawal or lump-sum distribution to another qualified plan or to the participant s IRA within 60 days after the Participant receives the funds. If the Trustee transfers the funds to another qualified plan or the participant s IRA, the funds transferred are not subject to mandatory 20% federal income tax withholding. However, if the Trustee transfers the funds to the Participant, the transferred funds are subject to mandatory federal income tax withholding. A subsequent distribution from an IRA will be subject to federal income tax as ordinary income and will not qualify for special ten-year income averaging. Generally, the amount of the lump-sum distribution rolled over to another qualified plan or IRA will not be subject to excise or penalty taxes, but a subsequent distribution of a rolled over amount from another qualified plan or IRA 14

15 may be subject to excise or penalty taxes, as described under the section Penalty and Excise Taxes. Penalty and Excise Taxes Unless certain exceptions apply, the taxable portion of any withdrawal, or the taxable portion of a lump-sum distribution that is not rolled over may be subject to a 10% penalty tax if the distribution is made before the employee attains age 59 ½. The federal tax information contained in this booklet briefly explains the federal tax aspects of participation in the Plan. The federal tax laws regarding participation in the Plan are extremely complex and no attempt has been made here to deal with the many special provisions that could be applicable to a particular situation or with the rules governing state, local or foreign taxes. Participants should consult their own counsel or other tax advisor to determine the specific tax consequences to them or their beneficiaries. CLAIM PROCEDURES Claim for Benefits If you believe that you are being denied rights or benefits under the Plan, you may file a claim in writing with the Plan Administrator at: Administration Committee c/o The Sherwin-Williams Company Employee Benefits Department 101 Prospect Avenue NW, 1300 Midland Cleveland, Ohio The Administration Committee will notify you of its decision in writing within 90 days after the claim is received (within 180 days if special circumstances require an extension you will be notified of any extension within the initial 90-day period). Initial Benefit Determination after a Claim is Filed The Administration Committee will have full discretion to deny or grant a claim in whole or part. If your claim for benefits is wholly or partially denied, the Administration Committee will provide to you in writing: specific reasons for the adverse determination; specific reference to the pertinent provision of the Plan document on which the determination is based; a description of any additional material or information necessary for you to perfect the claim and an explanation of why the 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 of the claimant s right to bring a civil action under section 502(a) of ERISA following an adverse benefit determination on review. If notice of the adverse benefit determination is not furnished in a timely manner, your 15

16 claim will be deemed denied and you will be permitted to exercise your of review as described in the paragraph below. Appeal of Your Initial Adverse Benefit Determination If your claim is denied, you may file a written request for review of the adverse determination within 60 days following receipt of an adverse determination. The Administration Committee will appoint a special review committee to review your appeal. If you do not request a review of the adverse determination within the 60-day timeframe, you may not challenge the adverse benefit determination. In making any appeal of an adverse benefits determination, you have the right to: submit a written request for review by the Administration Committee at: Administration Committee c/o The Sherwin-Williams Company Employee Benefits Department 101 Prospect Avenue NW, 1300 Midland Cleveland, Ohio review or have reasonable access to or copies of, upon request and free of charge, all Plan documents, records or other information relevant to the your claim for benefits; and submit any written comments, documents, records or other information relevant to the claim for benefits. The Administration Committee will notify you of the special review committee s determination no later than 60 days after receiving your request for review (within 120 days if an extension is required due to special circumstances you will be notified of any extension within the initial 60-day period). In the event of an adverse determination, you will be provided with a written explanation that will include the following information: specific reasons for the adverse determination; specific reference to the pertinent provisions of the Plan document on which the adverse determination is based; a statement that the Claimant is entitled to receive, upon request and free of charge, reasonable access to, and copies of, all documents, records, and other information relevant to the Claimant s claim for benefits; and a statement of the Claimant s right to bring a civil action under Section 502(a) of ERISA following an adverse determination on review. If your claim is denied, you may bring legal action in court; provided, however, that you bring such action within one year of the mailing of the adverse benefit appeal determination. You must exhaust any and all administrative procedures set forth under the Plan before seeking relief in a court of law. Except where ERISA applies, the Plan is construed in accordance with the laws of the State of Ohio. 16

17 ADDITIONAL INFORMATION You May Not Assign Your Account The Plan does not permit you or your beneficiary to assign, alienate, sell, transfer, or pledge the benefits under the Plan to a creditor or to anyone else, nor may any person create a lien on any funds, securities or other property held by the Plan. These provisions do not apply, however, in cases of certain qualified domestic relations court orders which create rights to Plan benefits for spouses, former spouses, children or other dependents of participants. Qualified Domestic Relations Order If, as a result of a divorce, you are responsible for child support, alimony or marital property rights payments, all or part of your savings plan benefits may be assigned to meet these payments if a qualified domestic relations order, which the Plan Administrator determines complies with the terms of the Plan, has been issued by a court. Participants and beneficiaries can obtain, without a charge, copies of such procedures from the Plan Administrator. Administrator of the Plan The Administration Committee ( Committee ) is the Plan Administrator of the Plan. The Administration Committee acts for the Company in administering the Plan. The Committee has the discretionary authority to interpret and apply the Plan s provisions in its sole discretion. The Committee delegates the day-to-day Plan administration functions to the Employee Benefits Department. The Plan document, trust agreement and the annual report are available for review by Plan participants or their beneficiaries at the Employee Benefits Department of The Sherwin-Williams Company, 101 Prospect Avenue NW, Cleveland, Ohio during normal working hours. Upon written request addressed to the Employee Benefits Department, copies of these documents will be furnished, at a reasonable charge, to you as a Plan Participant or your beneficiary. Plan Expenses All reasonable costs, charges and expenses incurred in connection with the administration of the Plan, including but not limited to the fees of accountants, actuaries, counsel and other specialists and other costs of administration are paid from the Trust Fund, unless the Company elects to make such payments. The Plan Administrator has the discretion to direct payment of any administrative expenses attributable to a Participant s Account to such Account, including such costs incident to the management of the assets of an investment fund. Missing Participants or Beneficiaries If you leave the employment of the Company, it is your responsibility to advise the Plan Trustee of any changes in your address. Address changes for terminated employees can be made by contacting the Plan s Customer Service Support line at Neither the Administration Committee nor the Trustee shall be required to search for or locate a Participant or beneficiary. If you do not apply for benefits within 90 days of normal retirement date, your Account may be forfeited. It will be reinstated if you or your beneficiary request that your benefits be paid out. 17

18 Top-Heavy Rules The top-heavy rules impose additional legal restrictions on tax qualified employee benefit plans where more than 60% of the benefits go to key employee (certain officers and highly paid employees). If a plan is top-heavy, the special restrictions include provisions of certain minimum benefits and vesting. The Plan, like most other tax qualified employee benefit plans, must contain special topheavy rules which apply if the Plan is top-heavy. Unless the Plan is top-heavy, the rules have not effect. The Plan is not top-heavy at this time. The Plan Administrator does not expect the Plan will become top-heavy. Plan Continuation The Company reserves the right to suspend, reduce, or discontinue contributions. It may also amend, modify, merge or terminate the Plan. If the Plan terminates, Plan participants will become fully vested as of the date of such termination and you will receive your distribution according to the terms of the Plan. Pension Benefit Guaranty Corporation Benefits under this Plan are not guaranteed by the Pension Benefit Guaranty Corporation ( PBGC ) because the Plan is a defined contribution plan not subject to coverage by the PBGC. ERISA RIGHTS Receive Information about Your Plan and Benefits In 1974, Congress passed the Employee Retirement Income Security Act of 1974 ( ERISA ) to safeguard the interests of participants and beneficiaries under employee benefit plans. As a Participant in the Plan, you are entitled to certain rights and protection under ERISA. ERISA provides that all Plan participants shall be entitled to: examine, without charge, at the Plan Administrator s office and at other specified locations, such as worksites, all documents governing the Plan 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 copies, upon written request to the Plan Administrator, of all Plan documents governing the operation of the Plan, and copies of the latest annual report (Form 5500 Series) and updated SPD. These copies shall be subject to a reasonable charge; receive a summary of the Plan s annual financial report. The Plan Administrator is required by law to furnish each Participant with a copy of this summary annual report; and receive annually a statement of your vested benefits or the earliest date on which benefits will become vested. This statement must be requested in writing and is not required to be given more than once every 12 months. The Plan must provide the state free of charge; 18

19 Prudent Action 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 your Plan, called fiduciaries of the Plan, have a duty to do so prudently and in the interest of you and other Plan Participants and beneficiaries. No one, including your employer, your union or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a benefit or exercising your rights under ERISA. Enforce Your Rights If your claim for a benefit is denied in whole or in part, you must receive a written explanation of the reason for the denial, you may obtain copies of documents relating to the decision without charge, and you have the right to have the Plan Administrator review and reconsider your claim, all within certain time schedules. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request, in writing, a copy of the Plan documents or the latest annual report from the Plan and do not receive it within 30 days, you may file suit in a federal court. In such a case, the court may require the Plan Administrator to provide you with the requested materials and pay you up to $110 a day until you receive such materials, unless materials were not sent because of reasons beyond the control of the Plan Administrator. If you have a claim for benefits that are denied or ignored, in whole or in part, you may file suit in a state or federal court. In addition, if you disagree with the Plan s decision or lack thereof concerning the qualified status of a domestic relations order, you may file suit in federal court. If it should happen that Plan fiduciaries misuse the Plan s money or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor or you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees; for example, if it finds your claim is frivolous. Assistance with Your Questions If you have any questions about the Plan, you should contact the Plan 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 Plan 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. 19