DELTA PILOTS DEFINED CONTRIBUTION PLAN BENEFITS HANDBOOK

Transcription

1 DELTA PILOTS DEFINED CONTRIBUTION PLAN BENEFITS HANDBOOK Summary Plan Description (SPD) Effective as of January 1, 2012

2 TABLE OF CONTENTS INTRODUCTION AND PLAN INFORMATION... 1 Plan Information and Notice... 1 Updates... 1 Notice of Company Rights... 2 Effective Date... 2 Obtaining a Printed Copy of This Handbook... 2 Other Information... 2 PLAN OVERVIEW... 3 The Plan at a Glance... 3 ELIGIBILITY AND ENROLLMENT... 5 Plan Eligibility... 5 Enrolling in the Plan... 5 Naming a Beneficiary... 6 When Participation Ends... 7 PLAN CONTRIBUTIONS... 8 Company Contributions... 8 Contributions After a Military Leave Employer Note Contributions Employee Contributions Earnings and Contribution Limits Vesting YOUR INVESTMENT CHOICES Your Investment Options BrokerageLink Default Investment Fund Responsibility for Investments The Importance of Diversifying Your Retirement Savings Important Information About Your Investments Changing Your Investment Mix Financial Engines Accessing Your Account Valuation of Your Account Account Statements RECEIVING A DISTRIBUTION FROM YOUR ACCOUNT If You Leave Delta Upon Your Death Payment of Small Amounts Summary Plan Description effective as of January 1, 2012

3 Determining the Value of Your Distribution How to Request a Distribution HOW THE PLAN PAYS BENEFITS Annuity Distributions Lump-Sum Distributions TAX CONSEQUENCES FOR DISTRIBUTIONS Rollover of All or a Portion of Your Account Withholding of Income Taxes Penalty Taxes BENEFIT CLAIMS AND APPEAL PROCESS Filing a Claim Initial Claims Decision Right of Appeal Appeal Process PLAN ADMINISTRATION AND LEGAL RIGHTS Plan Name Type of Plan and Administration Plan Sponsor/Employer/EIN/Plan Identification Number Labor Organization Members Covered by the Plan Agent for Service of Legal Process Plan Year Plan Administrator Discretionary Authority of the Plan Administrator Plan Fiduciaries Plan Recordkeeper Source of Contributions and Plan Funding Organizations That Accumulate Assets or Provide Benefits Plan Trustee Electronic Media Assignment of Benefits Assistance in Reading the English Language Overpayments by the Plan Payments to Minors/Incompetents Plan Costs and Fees Mutual Fund Pass-through Voting Rights Your Rights Under ERISA TERMS TO KNOW WHERE TO GET MORE INFORMATION Summary Plan Description effective as of January 1, 2012

4 INTRODUCTION AND PLAN INFORMATION Through the Delta Pilots Defined Contribution Plan (the Plan ), Delta contributes funds that you invest to help build income for your retirement years. The Plan is a defined contribution money purchase pension plan subject to the requirements of the Employee Retirement Income Security Act of 1974, as amended (ERISA) and certain sections of the Internal Revenue Code of 1986, as amended (the Code ). Delta makes fixed contributions to the Plan accounts of all eligible Pilots. The information in this handbook applies to eligible Pilots of Delta and their Beneficiaries and alternate payees. Please read this handbook carefully to learn how the Plan works. Effective April 1, 2009, the Northwest Airlines Money Purchase Plan for Pilot Employees (the NWA MPP ) was merged into this Plan. After the merger, the terms and conditions of the NWA MPP generally continued to apply to Former NWA Pilots hired on or before September 1, 2007 participating in the NWA MPP, and their account balances were held in a separate trust. Effective July 1, 2010, except as otherwise noted in this handbook, Former NWA Pilots (and their beneficiaries and alternate payees, as applicable) became subject to the terms and conditions of this Plan. Effective July 7, 2010, the account balances of such individuals were transferred to this Plan s trust and the separate Northwest trust ceased to exist. Plan Information and Notice ERISA requires that certain kinds of benefit plans be described to the participants of those plans in a summary plan description (SPD). This handbook serves as the SPD for the Delta Pilots Defined Contribution Plan. This handbook is only a summary of the benefits provided under the Plan. Its purpose is to give you an overview of the major features of the Plan and does not cover all the terms of the Plan. The provisions of the Plan are defined in the official Plan documents, which govern the terms and operation of the Plan. The summary in this handbook does not take the place of those documents. If there is any conflict between the information in this handbook and the Plan documents, the Plan documents will govern. Definitions of Capitalized Words The capitalized terms used in this handbook have special meaning. Please refer to the Terms to Know section at the end of this handbook for definitions. Updates In addition to this handbook, you may, from time to time, be notified of the posting of updates or Summaries of Material Modifications (SMMs) that describe changes to the benefits of the Plan. You should always timely refer to these updates, as well as the material in this handbook, to obtain the most recent information available about these benefits. Summary Plan Description effective as of January 1,

5 Notice of Company Rights As with all Delta benefits, Delta reserves the right to amend, modify, suspend contributions or terminate all or any part of the Plan in its sole discretion at any time and for any reason subject to the requirements of the Pilot Working Agreement (PWA). Any such amendment, modification, suspension or termination may apply to active employees and their Beneficiaries and alternate payees, as well as former employees, inactive employees, retirees, Disabled employees, and employees on a leave of absence or furlough. Any amendment or modification may be applied prospectively or retroactively, provided that such action may not deprive any persons of their right to any benefit to which they were entitled to prior to such action. In the event of complete or partial termination of the Plan or permanent discontinuation of company contributions to the Plan, the Plan Administrator may direct that the entire value of each participant s account be distributed in cash or, subject to applicable securities laws, in kind. Plan assets that are held in the Stable Value Fund are subject to certain restrictions that, in the event of Plan termination, may affect the timing and value of participant account distributions. Such distributions from the Stable Value Fund may be made in installments over a period of one or more years or, if distributed in a single sum, incur a reduction in value (the amount of such a reduction would depend on market value adjustments made by each issuer to the value of assets distributed from its respective contracts). This Plan may be amended or modified by any person or persons authorized by Delta to take such actions. Delta and its vendors have the right to recover overpayment, regardless of the cause, nature or source of the overpayments. Nothing in the Plan, including the receipt of benefits, is to be construed as a contract of employment, and nothing in the Plan gives any employee the right to be retained in the employ of Delta or to interfere with the rights of Delta to discharge any employee at any time. Effective Date This handbook highlights the benefits available to eligible Pilot employees under the Plan as of January 1, 2012, unless otherwise noted. Obtaining a Printed Copy of This Handbook If you would like to have a printed copy of this handbook, call the Delta Employee Service Center (ESC) at MY DELTA ( ) to learn how you can receive a printed copy. You may also access a copy from the Fidelity website at by calling the Delta Service Center at Fidelity at Other Information If you have questions after reviewing this handbook, refer to the Where to Get More Information section at the back of this handbook. Summary Plan Description effective as of January 1,

6 PLAN OVERVIEW The Plan at a Glance Plan Feature How the Plan Works Who Can Participate and When Enrollment Your Contributions Company Contributions Investment Choices Delta Pilot employees can participate in the Plan on the date they are hired or rehired by Delta as a Pilot Once eligible, your enrollment in the Plan is automatic Employee contributions to the Plan are not permitted Delta makes a contribution to your Plan account - For eligible Pilots (other than Former NWA New Hire Pilots and Former NWA Pilots), Delta s contribution to the Plan is equal to a certain percentage of your eligible Earnings on a per-pay-period basis. This contribution percentage is 10% for the 2010 Plan Year, 11% for the 2011 Plan Year and 12% for the 2012 Plan Year - For Former NWA New Hire Pilots, Delta s contribution to the Plan is equal to a certain percentage of your eligible Earnings on a per-pay-period basis. This contribution percentage is generally 6% for the 2010 Plan Year, 8% for the 2011 Plan Year and 9% for the 2012 Plan Year - For Former NWA Pilots, Delta s contribution to the Plan varies for each pilot, and is determined annually based on a formula that takes into account Earnings, service, age and employment status. In addition, effective January 1, 2012, Delta will contribute a flat contribution amount to the Plan equal to a certain percentage of your eligible Earnings on a per-pay-period basis. This flat contribution percentage is 1% for the 2012 Plan Year If company contributions to the Plan must be limited due to certain Code limits, the remainder of the company contribution will be made directly to you as a taxable cash payment You choose how to invest all Plan contributions among a wide range of investment options If you do not have an investment election on file, all Plan contributions automatically will be invested in the Lifecycle Fund that has a target retirement date closest to the year that you might retire at age 65, based on your date of birth You may change your Plan investment elections and transfer your account balance among investment options at any time Investment earnings on all company contributions are tax-deferred until they are distributed to you Vesting (when you own your Plan contributions and their investment earnings) You are always 100% vested in all Plan contributions (and their investment earnings) Summary Plan Description effective as of January 1,

7 Plan Feature Withdrawals and Loans Distributions How the Plan Works In-service withdrawals or loans from the Plan are not permitted You can receive the value of your Plan account when your Delta employment ends (including retirement). Distribution options include: An annuity purchased from an insurance company Paying you monthly installments over your lifetime or the lifetimes of you and your spouse A complete lump-sum payment (automatic if your vested account balance is $1,000 or less) Distribution of your Plan account can be deferred up to April 1 following the year you reach age 70½ If you need additional information about the Plan or your account, contact the Delta Service Center at Fidelity at (TDD# ) or the Fidelity NetBenefits SM website at The Fidelity NetBenefits SM website is available 24 hours a day, seven days a week. To speak with a representative, call the Delta Service Center at Fidelity any Business Day from 8:30 a.m. to midnight Eastern time. Summary Plan Description effective as of January 1,

8 ELIGIBILITY AND ENROLLMENT Plan Eligibility You are eligible to participate in the Plan on your first day of employment or reemployment as a Pilot employee or a Rehired Retired Pilot of Delta. Pilot employees who are designated as Disabled Pilots are also eligible to continue their participation in the Plan. In addition: Former NWA New Hire Pilots became eligible to participate in the Plan as of October 30, 2008 Former NWA Pilots became eligible to participate in the Plan as of April 1, 2009, when the NWA MPP merged into the Plan Who Is Not Eligible to Participate? You are not eligible to participate in the Plan if you are a member of any of the following groups: Non-Pilot employees Contract or leased employees Non-resident aliens with no U.S. source of income Employees of: Comair, Inc. DAL Global Services, LLC Delta Private Jets, Inc. MLT, Inc. Regional Elite Airlines Services, LLC Segrave Aviation, Inc. Other affiliates of Delta that have not adopted the Plan Enrolling in the Plan Once you meet the Plan s eligibility requirements (as described above), you automatically are enrolled in the Plan. Upon your hire or rehire by Delta, you will receive a Plan information package at your home address, normally within three to five business days from your date of hire or rehire. You also can obtain one by calling the Delta Service Center at Fidelity at (TDD# ) or visiting Fidelity NetBenefits SM at In this package, you will find information about the Plan s available investment options. Summary Plan Description effective as of January 1,

9 While enrollment in the Plan requires no action on your part, you should take the following steps to establish your investment elections and Beneficiary designation. This can be done at any time by calling the Delta Service Center at Fidelity at (TDD# ) or visiting NetBenefits SM at Here is how: Create a Personal Identification Number (PIN) if you do not already have an account with Fidelity. You will use this PIN each time you access your Plan account. The website or phone line will prompt you to create a PIN. This PIN will be used to access both the Plan and the Delta Pilots Savings Plan; however, you will need to make separate investment elections for each plan Make your investment elections by selecting how you want Plan contributions invested among the available investment options Designate the person(s) (your Beneficiary(ies)) who will receive your Plan account balance if you die before receiving a final distribution of your account Naming a Beneficiary If you are married, under federal law, your spouse is automatically your Beneficiary; you cannot elect a non-spouse Beneficiary. If you are single, it is important to name a Beneficiary to receive your account balance if you die before receiving a distribution of your entire account. You may name a primary Beneficiary or Beneficiaries, as well as a secondary Beneficiary or Beneficiaries who will receive the account if the primary Beneficiary(ies) you named predecease you. You may name anyone as your Beneficiary. However, keep in mind that if you get married, your spouse automatically replaces any previously named Beneficiary(ies). Important Note About Prior Beneficiary Designation For Former NWA Pilots When the NWA MPP was merged into the Plan, your beneficiary information did not transfer. Please review this section carefully to learn how to name a Beneficiary. If you do not do so, upon your death, your Plan account will be distributed according to the Plan rules described below and not pursuant to any Beneficiary designation you had on file under the prior plan. To designate (or change) a Beneficiary, you must complete a Beneficiary designation form. You may designate your beneficiary online by visiting NetBenefits SM at and clicking on the Profile tab at the top of the screen. You also may obtain a copy of the form by calling the Delta Service Center at Fidelity at (TDD# ). Once you have completed and signed the form, return it to Fidelity at: Delta Pilots Defined Contribution Plan Participant Service Center P.O. Box Cincinnati, OH Your Beneficiary designation will become effective on the date that Fidelity receives your properly completed and signed form. Your designation must be on file with the Plan on the date of your death for the designation to become effective. Summary Plan Description effective as of January 1,

10 It s important to keep your Beneficiary information current. Events such as marriage, divorce, birth, adoption or death of a family member may create a need for a change of Beneficiary designation. If you are single on your date of death and did not properly designate a Beneficiary, or your designated Beneficiary(ies) die before you, payment of your account will be made to your estate. If two years from your death no Beneficiary as described above is identified and located, your Plan account will be forfeited. However, if a Beneficiary subsequently is located and he or she files a written claim with the Plan Administrator, and the individual satisfies the Plan Administrator that he or she is your Beneficiary, then the forfeited amount will be paid to such Beneficiary. Please note: You must make a separate Beneficiary designation for each Delta benefit plan requiring beneficiaries in which you participate, such as the Delta Pilots Savings Plan. You cannot make a single Beneficiary designation that applies to all plans. When Participation Ends Your participation in the Plan will end upon the earlier of: The date on which your entire Plan account is distributed to you, or The date on which the Plan is terminated Summary Plan Description effective as of January 1,

11 PLAN CONTRIBUTIONS Company Contributions Company contributions will be made on your behalf for any month in which you have Earnings paid to you, and will include the month in which you retire or otherwise terminate from employment, or are removed from the seniority list or die, as long as you had Earnings paid to you in such month. Special rules apply to Disabled Pilots, which are described in the For Disabled Pilots section of this handbook. For terminated pilots, Earnings must meet requirements of post-severance compensation 415(c) rules, otherwise payments are made in the form of cash. Company contributions to the Plan are tax-deferred and will be invested pursuant to your investment elections on file with Fidelity. If you do not have an investment election on file, your company contributions will be invested in the Plan s default investment fund as described in the Default Investment Fund section of this handbook. For Eligible Pilots (Other than Former NWA New Hire and Former NWA Pilots) Each pay date, Delta will make a company contribution to your Plan account in an amount equal to your contribution percentage (as shown below) multiplied by your eligible Earnings for that payday. For Earnings paid after: Your Contribution Percentage will be: September 2, % December 31, % December 31, % December 31, % For Former NWA New Hire Pilots Each pay date, Delta will make a company contribution to your Plan account in an amount equal to your contribution percentage (as shown below) multiplied by your eligible Earnings for that payday. For Earnings paid after: Your Contribution Percentage will be: October 29, % December 31, % December 31, % December 31, % Summary Plan Description effective as of January 1,

12 For Earnings paid after: December 31, 2011 December 31, 2012 Your Contribution Percentage will be: 9%; however, If the minimum funding requirement for the Northwest Airlines Pension Plan for Pilot Employees for the Plan Year beginning October 1, 2011 is less than $15 million, then the contribution percentage will instead be: - 10% for Earnings paid on and after April 1, 2012; - 11% for Earnings paid on and after July 1, 2012; and - 12% for Earnings paid on and after October 1, 2012 If the minimum funding requirement equals or exceeds $15 million, then the contribution percentage will be increased from 9% to 12% effective with Earnings paid after December 31, 2012 The same contribution percentage as any other Pilot For Former NWA Pilots If you are a Former NWA Pilot, you may be eligible to receive contributions to the Plan based on your previous participation in the NWA MPP ( Target Contributions ). In addition, effective January 1, 2012, Former NWA Pilots (including those who are not eligible to receive Target Contributions) will be eligible for a Flat Contribution. The Target Contributions and Flat Contributions described in this section will continue through December 31, Beginning January 1, 2014, Former NWA Pilots will receive the same contribution percentage to the Plan as any other eligible Pilot. Target Contributions Your Target Contribution amount is determined annually, based on a formula that takes into account your Earnings, service, age and employment status. Therefore, your Target Contribution amount can change from year to year based on these factors. Your Target Contribution amount can also change during the year if you are approved for company-provided long-term Disability Benefits. Even though the Target Contribution is determined annually, the actual contributions are made to your Plan account over the course of a Plan Year, with a fixed amount contributed each pay period in which you have eligible Earnings. However, if during the year, you reach 25 years of service (as defined by the Northwest Airlines, Inc. Pension Plan for Pilot Employees), your Target Contributions will stop. The annual amount of Target Contributions you can receive each year is limited to $20,000. If your Target Contribution for the year exceeds this amount, the excess amount is placed into a grantor trust to be distributed to Plan participants at a later time. Please also see the section Earnings and Contribution Limits for additional information on how your company contributions to the Plan may be limited during the year. If you are eligible to receive Target Contributions and your employment with Delta terminates, you will not be eligible for the Target Contribution if you are later rehired. Instead, upon your reemployment, you will be eligible to receive the same contribution percentage as any other eligible Pilot. However, if you were disabled as of January 1, 2008, you will be eligible for Target Contributions, if applicable, if you return to work within ten years from your disability under the Northwest Airlines, Inc. Pension Plan for Pilot Employees or the Northwest Airlines, Inc. Long Term Disability Plan. Summary Plan Description effective as of January 1,

13 Flat Contributions Effective January 1, 2012, each pay date, Delta will make a Flat Contribution to your Plan account in an amount equal to your Flat Contribution percentage (as shown below) multiplied by your eligible Earnings for that payday. For Earnings paid after: Your Flat Contribution Percentage will be: December 31, % December 31, % December 31, 2013 The same contribution percentage as any other Pilot Aggregate Annual Cap and CBA Residual The total Target Contributions payable to all Former NWA Pilots is limited each year by the Aggregate Annual Cap, which is equal to the Target Contribution percentage (as shown below) times the eligible Earnings for all Former NWA Pilots. Flat Contributions are not subject to the Aggregate Annual Cap. The Aggregate Annual Cap will be adjusted for Former NWA Pilots who do not return following military leave. For Calendar Year: The Target Contribution Percentage will be: % % % % % % At the end of each year, if total Target Contributions made to all eligible Former NWA Pilot participants, including contributions made to the Plan, in cash or to the grantor trust, are less than the Aggregate Annual Cap, a true-up contribution will be made. This true-up will be equal to the difference in the Aggregate Annual Cap and the actual contribution amount. This true-up contribution is called the CBA Residual and is made to the Delta Pilots Savings Plan, rather than to this Plan. Former NWA Pilots who are eligible to receive Target Contributions are eligible to receive CBA Residual contributions, unless you take a withdrawal of certain contributions from the Delta Pilots Savings Plan. The amount allocated to your account is based on your Earnings as compared to the total Earnings for all Former NWA Pilots who are eligible for Target Contributions. The CBA Residual contribution is to be made at the end of each Plan Year. No residual contributions will be made to the Plan for Earnings paid after December 31, For Disabled Pilots If you are a Disabled Pilot, you are also eligible to receive company contributions as described above; however, your eligible Earnings are based on the Disability Benefits you receive (see the definition of Earnings in the Terms to Know section of this handbook). However, you will not have company contributions paid on account of Disability Benefits paid to you for any period of Disability after the date of your retirement or other termination of employment (other than a Summary Plan Description effective as of January 1,

14 termination of employment pursuant to PWA section 13.B.3 (due to exceeding 10 years on Disability)). Summary Plan Description effective as of January 1,

15 Company contributions will not be made for any period of Disability following retirement or beyond the later of your FAA Mandatory Retirement Age (age 65) or the date Disability Benefits cease. Once company contributions are stopped due to your reaching FAA Mandatory Retirement Age, in no event will company contributions be resumed, even if the FAA Mandatory Retirement Age should later increase. If You Receive Benefits from the Northwest Airlines, Inc. Long Term Disability Plan ( NWA LTD Plan ) Former NWA New Hire Pilots: If you are receiving benefits from the NWA LTD Plan and are eligible for company contributions, these contributions will be paid to you in cash. However, if you are approved for Social Security disability benefits and you notify Delta of this, then your company contributions will be made to the Plan. Former NWA Pilots: Under the terms of the former NWA MPP, if your disability began on or after January 1, 2008, Target Contributions continue while you are receiving benefits from the NWA LTD Plan. For Disabled Former NWA Pilots who are considered Social Security disabled, Target Contributions will be made to the Plan; otherwise, Target Contributions will be paid to you in cash. While you are receiving Disability Benefits, you may take a distribution from the Plan at any time. However, if you do so, you will no longer eligible for Target Contributions, unless you return to active status. Contributions After a Military Leave If you leave Delta to enter qualified military service recognized under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and you return to active employment with Delta, Delta will make up any missed company contributions for your period of qualified military service in which you did not receive eligible Earnings. The amount will be determined as if you had continued working for Delta during your military leave and received the same rate of pay you were receiving before your military service began. If you are eligible for Target Contributions and receive Shared Rewards pay during your period of qualified military service, this pay will be considered eligible Earnings, and you will receive Target Contributions during your military leave. In addition, if you were hired by Delta before January 1, 2005, these contributions will be credited with 7% interest for the period in which you would have received such contributions if you had not been on military leave. If you were hired on or after January 1, 2005 or are a Former NWA New Hire Pilot or Former NWA Pilot, any make-up contributions you are eligible to receive will be made without interest. You do not need to take action to receive these contributions; they are automatic and will be made after you return to active service from your military leave. However, if you have questions about these contributions, you may call the Delta Employee Service Center at MY DELTA ( ). Employer Note Contributions Under the terms of the PWA and related to Delta s bankruptcy case and the termination of the Delta Pilots Retirement Plan, ALPA received a note to be distributed to eligible pilots. Certain pre-merger Delta Pilot employees may have been eligible to receive a portion of the ALPA Note in the form of a cash company contribution made to their Plan account based on an Summary Plan Description effective as of January 1,

16 allocation formula developed by ALPA. These company contributions were made to certain Plan participants for the 2007 and 2008 Plan Years. Employee Contributions The terms of the Plan do not require or permit you to make employee contributions to the Plan. Earnings and Contribution Limits The Plan must comply with certain limits imposed by the Code and IRS regulations on contributions to the Plan. The Code limits the amount of annual earnings that may be considered for calculating contributions to the Plan. For 2010 and 2011, the limit is $245,000; for 2012, the limit is $250,000. The Code also limits the total amount of contributions (both employee and company contributions) that may be made to your account under this Plan and the Delta Pilots Savings Plan during a Plan Year to the lesser of 100% of your Earnings or, for 2010 and 2011, $49,000, and for 2012, $50,000. Both of these dollar limits are indexed for inflation and may change in future years. If you reach these contribution or earnings limits, all company contributions to the Plan will be stopped automatically for the year. Company contributions will restart automatically the next year. Excess Payments If your company contributions are limited due to the limits described above, the amount of any company contributions that would have been contributed to the Plan but for such limits will be paid to you in cash as an excess payment to the extent provided in the PWA. Note: These excess payments are not a Plan benefit. They are taxable to you as ordinary income when they are paid to you as part of your regular paycheck. Vesting Being vested means you have earned a non-forfeitable right to the money in your Plan account. You are always 100% vested in all contributions to the Plan and their investment earnings. Former NWA Pilots became 100% vested in all company contributions to the NWA MPP as of July 7, 2010, when it was merged in to the Plan. Summary Plan Description effective as of January 1,

17 YOUR INVESTMENT CHOICES Plan contributions have the potential to grow even more through investment earnings. You can choose how to invest all the money in your Plan account among the Plan s many investment options. Throughout your Plan participation, you have two investment decisions to make to determine your investment mix: Which funds to choose, and What percentage of your account to invest in each fund you choose You generally may invest current company contributions in one or more of the Plan s investment options in 1% increments. When combined, your investment elections must equal 100%. Note: If you do not have an investment election on file with Fidelity, all contributions to the Plan automatically are invested in the Plan s default investment fund. See later in this section for a description of the default investment fund. Your Investment Options The Plan offers many investment options, with different investment strategies and goals. These options range from relatively lower-risk options with lower potential returns to investments with both higher risk and higher potential for returns. The Plan s investment options are divided into four tiers to help you determine the investment approach that s right for you, based upon how comfortable you are choosing investments: Tier 1: Lifecycle Funds Lifecycle Funds offer a predetermined mix of stocks, bonds, and short-term investments in each fund. There are 10 Lifecycle Funds created exclusively for the Plan (and Delta s other defined contribution plans (the Delta Plans )). Target Date Target Date Target Date Lifecycle Retirement Fund Lifecycle 2015 Fund Lifecycle 2020 Fund Lifecycle 2025 Fund Lifecycle 2030 Fund Lifecycle 2035 Fund Lifecycle 2040 Fund Lifecycle 2045 Fund Lifecycle 2050 Fund Lifecycle 2055 Fund The Lifecycle Funds are designed for investors expecting to retire around the year indicated in each fund's name. Except for the Lifecycle Retirement Fund, the funds' asset allocation strategy becomes increasingly conservative as it approaches the target date and beyond. Ultimately, they are expected to merge with the Lifecycle Retirement Fund, which is designed for investors currently in retirement, and therefore has the most conservative investment mix. The investment risks of each Lifecycle Fund change over time as its asset allocation changes. They are subject to the volatility of the financial markets, including equity and fixed income investments in the U.S. and abroad and may be subject to risks associated with investing in high yield, small cap and, commodity-related, foreign securities. Principal invested is not guaranteed at any time, including at or after their target dates. Summary Plan Description effective as of January 1,

18 Tier 2: Index Funds These funds cover a broad range of investments; however, their investment mix automatically seeks to track the performance of a specific market index. Often considered the low-cost approach to investing, there are five index funds created exclusively for the Delta Plans. Bond Domestic Equities International/ Global Emerging Markets Bond Index Fund S&P 500 Equity Index Fund Small/Mid Cap Equity Index Fund International Equity Index Fund Emerging Markets Equity Index Fund Tier 3: Actively Managed Funds These funds cover an even broader range of investment types, from short-term investments to sector-specific. The goal of these funds is to do better than its index, not just match it. These funds have a wide range of investment objectives. There are 12 actively managed funds eight funds created exclusively for the Delta Plans, and four mutual funds. Money Market Stable Value Bond Domestic Equities International/ Global Emerging Markets Specialty Fidelity Institutional Money Market Portfolio Institutional Class* Stable Value Fund Diversified Bond Fund Legg Mason Global Opportunities Bond Fund Class IS* Fidelity Contrafund Class K* Large Cap Growth Fund Large Cap Value Fund Small/Mid Cap Growth Fund Small/Mid Cap Value Fund International Equity Fund Emerging Markets Equity Fund DWS RREEF Real Estate Securities Fund Institutional Class* * These are mutual funds offered in the Delta Plans, and are generally available to the public. As a result, they are required to provide a prospectus. The other eight funds, created exclusively for the Delta Plans, are described in fund factsheets. Tier 4: Fidelity BrokerageLink If you are comfortable taking even more control over your investments, you can also invest in virtually thousands of mutual funds and most listed stocks, options, many types of bonds, and foreign securities. BrokerageLink provides a greater variety of investment options for participants who are comfortable with the increased risk of investing part of their retirement savings within a brokerage account, and who are familiar with how a brokerage account operates. Delta does not monitor or select the investments offered in a BrokerageLink account. A more-detailed description of BrokerageLink is provided later in this section. Detailed information on these investment options is available on the Fidelity NetBenefits SM website at The funds that are mutual funds have a prospectus available and the funds created exclusively for the Delta Plans are described in fund factsheets. You can view investment fund factsheets and any applicable mutual fund prospectuses on the Fidelity NetBenefits SM website at You also can call the Delta Service Center at Fidelity at (TDD# ) to ask for a prospectus to be mailed to your address on record with Fidelity. Be sure to read the fund factsheets and any applicable mutual fund prospectuses before you make your investment decisions. These sources provide important information you should know before making any investment decisions, such as fund management, strategy, holdings, fees and performance. Summary Plan Description effective as of January 1,

19 BrokerageLink BrokerageLink gives you an opportunity to invest a portion of your account in a wide array of mutual funds in addition to the investment options offered by the Plan under Tiers 1, 2 and 3. Securities and mutual funds available through BrokerageLink include stocks (excluding Delta stock), corporate bonds, zero-coupon bonds, U.S. Treasury securities, mortgage securities and U.S. government agency bonds, certificates of deposit (CDs), foreign securities (through American Depository Receipts), exchange-traded funds, Fidelity mutual funds, and non-fidelity mutual funds available through Fidelity Funds Network. If you choose this option, you first have to open a BrokerageLink account. BrokerageLink requires an initial minimum investment of $2,500 and a minimum account balance of $2,500 while you are a participant. Any subsequent exchanges into the account must be at least $1,000. At least 2% of the balance in your account must be invested in investment options other than BrokerageLink. There is no setup fee for establishing or maintaining a BrokerageLink account. However, if you invest in BrokerageLink, you are responsible for paying all expenses and costs relating to your account, including BrokerageLink commissions and any applicable mutual fund fees. As with your investments in Tier 1, 2 or 3 funds, you are responsible for the investments you make in the BrokerageLink account. You should be sure to read the prospectus of any investment option carefully before making any investment decisions. Certain features of the Plan are not available if you have a BrokerageLink account. Additional information is provided in the appropriate sections of this handbook. You may request a Delta BrokerageLink Kit on the Fidelity NetBenefits SM website at or by calling the Delta Service Center at Fidelity at (TDD# ). Default Investment Fund If you do not direct Fidelity how to invest your Plan account, all contributions to your account will be invested in the Plan s default investment fund. This default investment is the Lifecycle Fund that has a target retirement date closest to the year that you might retire at age 65, based on your date of birth. Birthday Default Fund Retirement Date Range Before 1948 Lifecycle Retirement Fund Before /1/1948 to 12/31/1952 Lifecycle 2015 Fund /1/1953 to 12/31/1957 Lifecycle 2020 Fund /1/1958 to 12/31/1962 Lifecycle 2025 Fund /1/1963 to 12/31/1967 Lifecycle 2030 Fund /1/1968 to 12/31/1972 Lifecycle 2035 Fund /1/1973 to 12/31/1977 Lifecycle 2040 Fund /1/1978 to 12/31/1982 Lifecycle 2045 Fund /1/1983 to 12/31/1987 Lifecycle 2050 Fund After 1987 Lifecycle 2055 Fund 2053 and after Summary Plan Description effective as of January 1,

20 The default investment fund is intended to meet the requirements of a qualified default investment alternative under Section 404(c)(5) of ERISA. Responsibility for Investments The Plan allows you to exercise control over the assets in your account by choosing from a number of investment options and allocating your account among these options on a frequent basis. Because the Plan is intended to constitute a plan described in Section 404(c) of ERISA and Title 29 of the Code of Federal Regulations, Section (c)-1 (a 404(c) plan), the fiduciaries of the Plan may be relieved of liability for any losses that are the direct and necessary result of investment instructions given by a participant. This means that Plan fiduciaries will not be liable for investment losses or any breach of fiduciary duty resulting from a participant s exercise of control over his or her account. Therefore, it is important that you review your account regularly and monitor changes in the investment options available under the Plan. The Importance of Diversifying Your Retirement Savings To help achieve long-term retirement security, you should give careful consideration to the benefits of a well-balanced and diversified investment portfolio. Spreading your assets among different types of investments can help you achieve a favorable rate of return while minimizing your overall risk of losing money. This is because market or other economic conditions that cause one category of assets, or one particular security, to perform very well often cause another asset category, or another particular security, to perform poorly. If you invest more than 20% of your account in any one company or industry, your account might not be properly diversified. Although diversification is not a guarantee against loss, it is an effective strategy to help you manage investment risk. In deciding how to invest your retirement savings, you should take into account all of your assets, including any retirement savings outside the Plan. No single approach is right for everyone because, among other factors, individuals have different financial goals, different time horizons for meeting their goals and different tolerances for risk. Important Information About Your Investments Investment options have expense ratios and other fees that may reduce total investment returns. The expense ratio, which is the percentage of assets deducted each fiscal year to cover the cost of operating the fund (other than brokerage costs), applies to all Plan investment options. A small number of the funds in the Plan charge short-term trading fees when an investor moves money out of a fund within a period of 90 days or fewer of making the original investment. You can find information on expense ratios and short-term trading fees in the Fund Descriptions which are available by calling the Delta Service Center at Fidelity at (TDD# ) or visiting Fidelity NetBenefits SM at Changing Your Investment Mix Future Contributions You may change your investment elections for future contributions at any time by calling the Delta Service Center at Fidelity at (TDD# ) or visiting Fidelity NetBenefits SM at Summary Plan Description effective as of January 1,

21 All changes must be made in 1% increments. Once your transaction is processed, your future contributions will be invested in accordance with your new investment elections. This generally takes one to two pay periods following the receipt of your request. Current Account Balances You may transfer your existing account balances among the Plan s investment options at any time, subject to the restrictions described below. These changes may be made in either specific dollar amounts (minimum of $250 or 100% if the balance is less than $250) or in whole percentage increments. If instructions changing your current investments are received by 4 p.m. Eastern time on a given Business Day, such instructions will become effective as of that day. If instructions are received after 4 p.m. Eastern time or at any time on a non-business Day (such as weekends or market holidays), such instructions will become effective on the next Business Day. Financial Engines Financial Engines is an independent, registered investment adviser that provides two programs to Plan participants. Professional Management is a program that lets professionals select and manage investments in your Plan account on your behalf. Online Advice is a Web-based tool that provides investment advice for your Plan account. See below for more information on each program. Professional Management With the Professional Management program, a team of professionals using proprietary tools analyzes the investments available in the Plan and selects a personalized mix designed to be appropriate for you. Financial Engines works with Fidelity to handle all the transactions to put an investment strategy into action for you and continues to manage your Plan account over time to help keep you on track. There is a fee for this program; see the program fees in the chart below: Plan Account Balance Up to $100,000 The next $150,000 Over $250,000 Annual Program Fee 0.45% per year (45 basis points) 0.35% per year (35 basis points) 0.20% per year (20 basis points) The program fee will be automatically deducted from your Plan account every quarter. This amount will be based on the number of days the account was managed during the quarter and will be noted on the quarterly Plan participant statement. Online Advice If you prefer to actively manage your Plan account, Online Advice may be right for you. This easy-to-use website offers objective, professional advice to help you refine your investment strategy. Log on to for a personalized forecast showing how much your investments may be worth when you retire, and see a step-by-step action plan with specific investment recommendations. You can also fine-tune your strategy by exploring different contributions, risk levels and retirement goals. To get started, log on to Fidelity NetBenefits SM at and click Get Personalized Help from Financial Engines. Summary Plan Description effective as of January 1,

22 For more information about these Financial Engines programs, please call any Business Day between 8:30 a.m. and 8 p.m. Eastern time. Accessing Your Account You may access your account balance and other information regarding your account via the Delta Service Center at Fidelity at (TDD# ) or the Fidelity NetBenefits SM website at The Fidelity NetBenefits SM website is available 24 hours a day, seven days a week. To speak with a representative, call the Delta Service Center at Fidelity any Business Day from 8:30 a.m. to midnight Eastern time. Valuation of Your Account The value of your Plan account balance is determined at the close of each Business Day. Your total account balance in the investment funds is calculated daily and is based on a proportionate share of the fair market value of all the assets held in the funds in which you have present account balances, except that insurance contracts in the Stable Value Fund are generally valued at their cost plus accrued interest. Account Statements Each quarter, you will receive a detailed account statement that provides information on the recent activity in your account and the current status of your account and each of your investment options. You can receive statements in either of two ways: Online Statements: This option lets you view your statement when it is convenient for you. To start receiving your statements online, go to the Mail Preferences section under the Accounts tab of Fidelity NetBenefits SM ( or call the Delta Service Center at Fidelity and change your election to online statements. You may change this election at any time. In addition to having online access to your statements, you will receive a printed statement at your home address each January covering the prior calendar year Quarterly Statements Sent to Your Home Address: If you do not elect to receive online statements, you will receive quarterly paper statements at the address on file with Fidelity Summary Plan Description effective as of January 1,

23 RECEIVING A DISTRIBUTION FROM YOUR ACCOUNT You are eligible to receive a distribution of your Plan account when you: Terminate your employment with Delta, which includes the following: Your failure to return to work: > Upon expiration of approved medical or military leave > Upon recall after furlough > Before the date of the expiration of any reemployment rights under law (such as under USERRA) Expiration of furlough status without a return to work Retire* * If you are a captain or first officer, you may not elect to postpone your retirement beyond the FAA Mandatory Retirement Age (unless you downbid to the position of second officer, as provided in the PWA) The Plan does not permit in-service withdrawals of your account; nor does it permit loans from your account. If You Leave Delta If your employment with Delta is terminated before you retire (including layoff or furlough) or if you retire from Delta, you may take your Plan account balance either: Immediately (this happens automatically if your vested account balance is $1,000 or less), or At a later date if your vested account balance exceeds $1,000, as long as distribution begins by April 1 following the calendar year in which you reach age 70½ Whether you take your account balance immediately or later, you may elect to receive a distribution of your account in either an annuity or lump-sum form of payment, as described in the How the Plan Pays Benefits section. Upon Your Death If you die before receiving a final distribution of your account balance, your Plan account will be distributed based on your marital status on your date of death. If you are married, your account will be distributed to your surviving spouse in either a single life annuity or lump-sum form of payment, as described in the How the Plan Pays Benefits section. If you are single, your account will be distributed to your Beneficiary in the form of a lump-sum payment. Fidelity will require your spouse or Beneficiary, as appropriate, to complete any required documentation and return it to Fidelity along with a certified copy of the death certificate. All forms and required documents must be submitted and approved before your spouse or Beneficiary can receive any payments from your account. Summary Plan Description effective as of January 1,

24 Payment of Small Amounts If your account balance is less than $1,000, it is automatically paid to you in a lump-sum cash payment. Determining the Value of Your Distribution Any distribution you receive from the Plan is based on the value of your account at the end of the Business Day on which the distribution is processed. Distributions requested after 4 p.m. Eastern time on any Business Day are processed the next Business Day. How to Request a Distribution To request a distribution of your account, call the Delta Service Center at Fidelity at (TDD# ) or log on to Fidelity NetBenefits SM at Summary Plan Description effective as of January 1,

25 HOW THE PLAN PAYS BENEFITS There are two general forms of distribution options available under the Plan: annuities and lump sums. Annuity Distributions The Plan s normal form of distribution is an annuity. An annuity pays the covered person or persons a specific monthly income for life. When your benefit is distributed as an annuity, the Plan uses the funds in your Plan account to buy an annuity contract from an insurance company. The amount of monthly income you receive from the annuity depends on: The amount of money in your Plan account used to buy the annuity A larger Plan account buys a larger monthly income Ages of the people covered by the annuity when monthly income benefits begin The younger the covered persons are on the date payments begin, the lower the monthly income Insurance company charges and assumed investment earnings The type of annuity you are eligible to receive is determined on the basis of your marital status as of the date your annuity begins (the annuity starting date ). If You Are Married Normal Form of Annuity: Joint and 50% Survivor Annuity If you are married when you elect to receive your distribution, the normal form of benefit available under the Plan is a joint and 50% survivor annuity. This type of annuity pays you a monthly income for your lifetime. When you die, your surviving spouse will receive for his or her lifetime a monthly benefit equal to 50% of the amount you were receiving. Your spouse for this purpose is determined as of the annuity starting date and cannot be changed later for any reason, even if you subsequently divorce or your spouse dies before you do. Optional Form of Annuity: Joint and 75% Survivor Annuity Married participants may elect to receive their Plan distribution as a joint and 75% survivor annuity. This optional form of annuity pays you a monthly income for your lifetime. When you die, your surviving spouse will receive for his or her lifetime a monthly benefit equal to 75% of the amount you were receiving. As with the joint and 50% survivor annuity, your spouse is determined as of your annuity starting date and cannot be changed later for any reason. If You Are Not Married Single Life Annuity If you are not married when you elect to receive your distribution, your normal form of benefit available under the Plan is a single life annuity. This type of annuity pays you a monthly income for your lifetime. When you die, no further payments are made. Once your single life annuity commences, it cannot later be changed for any reason, even if you marry after your benefit begins. Summary Plan Description effective as of January 1,

26 An Annuity Is a Complete Distribution of Your Plan Benefit When you elect to receive your Plan benefit as an annuity, the Plan uses the money in your Plan account to purchase an annuity contract from an insurance company. That purchase represents a complete distribution of your benefits under the Plan. The monthly retirement income you receive is the responsibility of the insurance company; the Plan has no further obligation to provide you with a death benefit or any other compensation. Lump-Sum Distributions An optional form of distribution from the Plan is a lump-sum payment. With this form of payment, the Plan pays you the value of your Plan account, after withholding all appropriate taxes, in a single lump sum. If you are married, your spouse must give his or her notarized written consent of your election to receive a lump-sum distribution. Summary Plan Description effective as of January 1,

27 TAX CONSEQUENCES FOR DISTRIBUTIONS The Plan offers certain tax advantages because it is intended to be a long-term savings program for retirement. You do not pay federal (and possibly state) income taxes on company contributions to the Plan. You also are not taxed on any investment earnings credited to your account while they remain in the Plan. Most payments you receive from the Plan are subject to ordinary income tax in the year they are distributed, unless they are timely rolled over to an eligible retirement plan (as described below). The following is a summary of the federal income tax consequences of a distribution from your account. Because tax laws and regulations are complicated and change frequently, and because each person s financial situation is unique, you should consult your own financial or tax advisor about the tax consequences of receiving a distribution from the Plan. This section is not intended as a complete description of the income tax consequences of a distribution, nor is it intended as tax advice. The state (as well as other local authorities) where you reside may also impose an income tax on your distribution from the Plan. In addition to the information provided in this handbook, you should review the Notice to Participants Regarding the Timing and Form of Distributions From the Delta Pilots Defined Contribution Plan, which you receive with your quarterly Plan statement, and which is available from the Fidelity NetBenefits SM website at Rollover of All or a Portion of Your Account You may exclude from your gross income that portion of an eligible distribution if it is rolled over to an eligible retirement plan, including another employer s qualified retirement plan or an IRA. For this purpose, an eligible distribution is limited to lump-sum distributions from the Plan. If payment is made to you, you must complete the rollover within 60 days after you receive the payment. The amount rolled over is taxed at the time it is distributed from the eligible retirement plan. Withholding of Income Taxes The Plan trustee will withhold federal income tax equal to 20% of the taxable portion of the distribution paid to you that may be rolled over to an eligible retirement plan. However, if you request that payment be made through a direct rollover to an eligible retirement plan, there will be no withholding. Unless you elect to have no taxes withheld, the trustee will withhold federal income taxes on the taxable portion of any distribution that may not be rolled over to an eligible retirement plan. Penalty Taxes If you receive a distribution of your account prior to reaching age 59½ and it is not (or cannot be) rolled over to an eligible retirement plan, an additional early distribution tax of 10% may apply. There are certain exceptions to this 10% penalty tax. Generally, the 10% tax does not apply if the distribution is: Taken due to death or disability Summary Plan Description effective as of January 1,

28 Taken after termination of employment in installments over your life expectancy or the joint life expectancy of you and your spouse Taken after termination of employment after reaching age 55 Used to pay certain medical expenses BENEFIT CLAIMS AND APPEAL PROCESS Filing a Claim A claim for benefits is a request for benefits under the Plan made in accordance with the procedures described earlier in this handbook. Benefits are paid after Fidelity receives properly completed claim information, including any additional information requested from you or a Beneficiary. For purposes of this Benefit Claims and Appeal Process section, the person making a claim under the Plan will be referred to as a claimant. In addition to you or a Beneficiary, you or the Beneficiary may authorize an individual to act on your or the Beneficiary s behalf in pursuing a claim or appeal. This individual is known as an authorized representative. For information about how to designate an authorized representative, contact Fidelity. Initial Claims Decision If the claimant s claim for benefits under the Plan is denied, the claimant will receive a written notification of the denial from Fidelity within 90 days of the date the claim was properly and completely filed. However, in special circumstances, Fidelity may require additional time to review the claim, and the 90-day period may be extended by an additional period of no more than 90 days. If such additional time is needed, the claimant will be notified of the reasons for the delay and the date the claimant can expect to receive a decision about his or her claim. The written notification of the denial will contain the following information: Specific reasons for the denial and reference to the specific Plan provisions on which the claim determination was based Description and explanation of any additional information needed to process the claim and an explanation of why such information is necessary Description of the Plan s appeal procedures and the applicable time limits, as well as the claimant s right to bring legal action under Section 502(a) of ERISA after the appeals process has been exhausted Right of Appeal If a claimant disagrees with the decision made by Fidelity about his or her claim, the claimant may appeal this decision in accordance with the appeal procedures described below. It is important that these procedures are strictly followed. The failure to do so may cause the claimant to lose certain legal rights. Summary Plan Description effective as of January 1,

29 What to Include in Appeal Requests; Access to Information All appeal requests must be made in writing. The claimant is encouraged to submit additional facts, documents or other materials relevant to his or her claim. In addition, upon request and free of charge, claimants may have reasonable access to copies of all documents, records and information relevant to his or her claim. The claimant should direct any appeal requests to the appropriate claims reviewer at the addresses provided in the chart at the end of this Benefit Claims and Appeal Process section. Appeal Process All levels of appeal will be reviewed by a new decision-maker referred to in this section as the claims reviewer. This means that the first level of appeal will not be conducted by the individual who denied the initial claim or by that person s subordinate, and the second-level appeal will not be conducted by the individual who denied the first-level appeal or that person s subordinate. The appeal process will take into account all information regarding the denied claim (whether or not presented or available when the original decision was made). The claims reviewer will not give deference to the original decision made about the claim. That is, the reviewer will give the claim a fresh look and make an independent decision about the claim. The Administrative Subcommittee and the Administrative Committee are the claims reviewers for benefits under the Plan. If a claimant s claim is denied by Fidelity, he or she has the right to file an appeal with the appropriate claims reviewer in accordance with the process described below. There are two levels of appeal available under the Plan, both of which are mandatory before a law suit may be filed. The Administrative Subcommittee is the claims reviewer for the first level of appeal, and the Administrative Committee is the claims reviewer for the second level of appeal. First-Level Appeal Process If a claimant wishes to appeal a claim denial, the claimant must request an appeal within 90 days of the date of the claim denial from Fidelity. The claimant will receive written notification of the decision within 60 days of the date the claimant s appeal is received. However, in special circumstances, the Administrative Subcommittee may extend its review time by up to an additional 60-day period. If such additional time is needed, the claimant will be notified of the reasons for the delay and the date the claimant can expect to receive a decision about his or her appeal. Second-Level Appeal Process If a claimant remains dissatisfied with the outcome of his or her first-level appeal request, the claimant has a right to request a second-level appeal from the Administrative Committee. The claimant s second-level appeal request must be submitted in writing to the address for the Administrative Committee on the chart at the end of this section within 90 days of the date the claimant received notification from the Administrative Subcommittee of the outcome of his or her first-level appeal. The clamant will be notified in writing of the Administrative Committee s decision after its regularly scheduled quarterly meeting that occurs following its receipt of the request for review. However, if the claimant s appeal is received within 30 days preceding the date of the Administrative Committee s next regularly scheduled quarterly meeting, its review Summary Plan Description effective as of January 1,

30 decision may be made as late as the date of the second meeting following its receipt of the request for review. The Administrative Committee may wait until as late as the date of the third meeting following its receipt of the claimant s request for review to decide the claim if special circumstances require an extension of time. If such additional time is needed, the Administrative Committee will notify the claimant in writing that there will be a delay and the reasons that more time is needed. In addition, the claimant may request that the Administrative Committee delay its review until as late as the date of the third meeting following receipt of the appeal. No further delay may be requested. Following review of the appeal, the Administrative Committee will notify the claimant in writing of its decision. If an Appeal Request Is Denied If a claimant s appeal request is denied, in whole or in part, the applicable claims reviewer will provide the claimant with a written or electronic notice of its decision, including: The specific reason or reasons for the denial of the appeal Reference to the specific Plan provision(s) on which the denial 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 A description of any voluntary appeal procedures available to the claimant under the Plan and the claimant s right to obtain information about such procedures and the time limits under those procedures, and a statement regarding the claimant s right to bring an action under Section 502(a) of ERISA Other Important Information About Appeals The Plan uses the claims and appeal procedures outlined in this section, which are the exclusive administrative claim procedures provided under the Plan, to ensure that the Plan s provisions are correctly and consistently applied. The decision of the final claims reviewer is conclusive and binding. Once a claimant exhausts the mandatory levels of appeal, no further review of the claim is available under the terms of the Plan. Exhaustion of Remedies A claimant must timely exhaust all levels of review described in this section before any legal action to recover benefits, or to enforce or clarify rights, under the Plan may be filed. Grievances After following the preceding claims and appeal procedures, if your claim is still denied in whole or in part and exceeds $1,000, you may be able to file a grievance under the terms of the PWA. Claims Review and Appeals Information at a Glance Claims Reviewer Contact Information First-Level Appeal: Administrative Subcommittee Secretary, Administrative Subcommittee Delta Pilots Defined Contribution Plan Delta Air Lines, Inc. Department 844 Summary Plan Description effective as of January 1,

31 P.O. Box Atlanta, GA Second-Level Appeal: Administrative Committee Secretary, Administrative Committee Delta Pilots Defined Contribution Plan Delta Air Lines, Inc. Department 844 P.O. Box Atlanta, GA Summary Plan Description effective as of January 1,

32 PLAN ADMINISTRATION AND LEGAL RIGHTS This section contains a description of general administrative and legal information applicable to the Plan. Plan Name Delta Pilots Defined Contribution Plan Type of Plan and Administration The Plan is a defined contribution money purchase pension plan. Defined contribution plans are not insured under Title IV of ERISA by the Pension Benefit Guaranty Corporation (PBGC) because this type of plan does not promise that you will receive any specific dollar amount. Instead, you are paid whatever is in your account at the time you become eligible for a distribution from the Plan. The Plan is self-administered by the company with the assistance of the service providers identified below. Plan Sponsor/Employer/EIN/Plan Identification Number The Plan Sponsor and employer is Delta Air Lines, Inc. You may contact the Plan Sponsor at the following address: Delta Air Lines, Inc. P.O. Box Atlanta, GA The Employer Identification Number (EIN) of the Plan Sponsor is The Plan Number assigned to the Delta Pilots Defined Contribution Plan is 012. Labor Organization Members Covered by the Plan The Delta Pilots Defined Contribution Plan is maintained pursuant to the terms of a labor agreement between Delta and the Air Line Pilots Association. Air Line Pilots Association (ALPA) 535 Herndon Parkway Herndon, VA Participants and beneficiaries covered by the labor agreements may obtain a copy of the applicable agreement by sending a request to: Secretary, Administrative Committee Delta Air Lines, Inc. Department 844 P.O. Box Atlanta, GA Summary Plan Description effective as of January 1,

33 The ALPA agreement also may be examined by participants and their beneficiaries in the offices of the Delta Flight Operations Department, Delta Air Lines, Inc., P.O. Box 20706, Department 029, 1010 Delta Boulevard, Atlanta, GA Agent for Service of Legal Process The agent for service of legal process on the Plan, and the address where process can be served, is: Secretary, Administrative Committee Delta Air Lines, Inc. Department Delta Boulevard Atlanta, GA Service of legal process for the Plan also can be made upon the Plan Trustee. Plan Year The Plan Year begins January 1 of each year and ends on December 31. Plan Administrator The Administrative Committee of Delta Air Lines, Inc. is the Plan Administrator of the Plan. It is the named fiduciary for administration of the Plan and is responsible for: Operation and administration of the Plan (except for purposes of formulating and managing the investment policies and controlling the assets that are the responsibilities of the Benefit Funds Investment Committee of Delta) Exclusive power to construe and interpret the Plan and determine questions of eligibility for participation and receipt of benefits Determining the amount, the manner and the time of payment of benefits Authorizing the payment of benefits and reasonable expenses for administering the Plan Carrying out the provisions of the Plan pertinent to the responsibilities of the Administrative Committee; and Delegation of any of its fiduciary authority to determine and review claims In exercising its functions, the Administrative Committee or its delegate has the broadest discretionary authority permitted under law. Members of the Administrative Committee are appointed by the Company s Executive Vice President Human Resources. The Administrative Committee members may be substituted or removed from their positions at the sole discretion of the Company s Executive Vice President Human Resources. They receive no compensation in their capacities as members, but receive compensation as employees of Delta. None of their compensation is paid from assets of the Plan. Summary Plan Description effective as of January 1,

34 The address and telephone number for the Administrative Committee are: The Administrative Committee of Delta Air Lines, Inc. Department 844 Delta Air Lines, Inc. P.O. Box Atlanta, GA Discretionary Authority of the Plan Administrator The Administrative Committee the Plan Administrator serves as the final reviewer under the Plan and has sole and complete discretionary authority to determine conclusively any and all questions concerning the administration and interpretation of the Plan, including questions about eligibility to participate in the Plan; eligibility for benefits; the relevant facts; the amount and type of benefits payable to any participant, spouse or Beneficiary; and the construction of all terms of the Plan. In exercising its functions, the Administrative Committee or its delegate has the broadest discretionary authority permitted under law. Decisions by the Plan Administrator will be final, conclusive and binding on all parties claiming to have an interest in the Plan and not subject to further review by Delta. Benefits will be paid under the Plan only if the Plan Administrator decides, in its sole authority, that the participant or other claimant is entitled to them. Plan Fiduciaries The members of the Administrative Committee are the named fiduciaries for purposes of operation and administration of the Plan. The members of the Benefit Funds Investment Committee are the named fiduciaries for formulating the investment policies and managing/controlling assets of the Plan, if any. Among its duties, the Benefit Funds Investment Committee or its delegate appoints (and discharges) investment managers and trustees to manage and maintain custody of the assets of the Plan. The investment options available under the Plan are periodically reviewed by the Benefit Funds Investment Committee. Plan Recordkeeper The Plan uses the services of Fidelity Investments as recordkeeper to keep individual and Plan records, to process distributions and to produce individual and Plan reports. You can contact the Plan recordkeeper at: Delta Pilots Defined Contribution Plan P.O. Box Cincinnati, OH Source of Contributions and Plan Funding The Plan is funded through company contributions. Summary Plan Description effective as of January 1,

35 Organizations That Accumulate Assets or Provide Benefits Assets of the Plan are held in trust. Each participant has a separate account for recordkeeping purposes. For investment purposes, all accounts are combined in a single master trust fund. The Trustee makes benefit payments as directed by the Administrative Committee or its delegates. Plan Trustee The following entity serves as the Plan trustee: Fidelity Management Trust Company 82 Devonshire Street Boston, MA Electronic Media The Plan Administrator may use electronic media in accordance with the provisions of ERISA to satisfy all disclosure and recordkeeping obligations imposed on the Plan under Title I of ERISA. Assignment of Benefits Your Plan account cannot be assigned, pledged, used as collateral for loans, or attached in any way except as expressly provided by law (such as pursuant to a qualified domestic relations order or the IRS for payment of a tax levy). Payments under the Plan are for the sole benefit of participants and their Beneficiaries. A qualified domestic relations order (QDRO) is a judgment, order or decree that: Is made under state domestic relations law, including community property laws Creates or recognizes the right of an alternate payee (your spouse, former spouse, child or other dependent) to receive all or a portion of your benefits for child support, alimony or marital property rights Does not require the plan to provide any type of benefit or any option not otherwise provided under the Plan Payment of any amount under a QDRO may occur while you are an active employee, and a hold may be placed on your account while a domestic relations order is pending qualification as a QDRO. If Delta receives such an order, you will be notified of how it will be handled with respect to your Plan benefits. To view or print the QDRO Guidelines, visit the Fidelity website, You also can use this website to generate a QDRO order online. In addition, you may contact the Plan Administrator to receive, without charge, a copy of the Plan s QDRO procedures. Assistance in Reading the English Language If, due to language translation difficulties, you need assistance in interpreting this handbook, you may contact the Delta Employee Service Center (ESC) at MY DELTA ( ) for assistance. A service center representative will be pleased to work with you to provide the necessary explanations of rights and obligations under the plans, as well as the procedures to be followed in obtaining needed assistance. Summary Plan Description effective as of January 1,

36 Overpayments by the Plan Delta has the right to recover overpayments, regardless of the cause, nature or source of the overpayments. If you receive an overpayment from the Plan, you will be notified in writing of the circumstances resulting in the overpayment and the amount of the overpayment. You will have 45 days from the date of the letter to contact Fidelity to make arrangements to return the overpayment. If you fail to contact Fidelity within that 45-day period, the Plan will recoup the overpayment in equal installments over the next six months from subsequent payments due from the Plan, without interest. If you contact Fidelity within the 45-day period, other arrangements can be made to allow the repayment in equal monthly installments over a period of up to 48 months, without interest. If your subsequent payments due from the Plan are insufficient to cover the amount of the repayment, you must submit the overpaid amount to Fidelity in equal monthly installments over the established repayment period (six months or up to 48 months), without interest. If you default on a payment, the entire amount of the repayment will become immediately due and the Plan Administrator may pursue collection of the amount (including interest and collection fees) to the full extent permitted by law. Payments to Minors/Incompetents If the Administrative Committee determines that any person entitled to payments under the Plan is a minor or is physically or mentally incapable of attending to his or her affairs, payments due to such person will be paid to the person s legal guardian or legal representative of the estate of the person. Payments may be made to other individuals or institutions if there is evidence satisfactory to the Administrative Committee that they have custody of the person. Plan Costs and Fees The Plan provides that certain costs and expenses of administering the Plan are to be charged to Plan participants, while other expenses are paid by Delta. Some of these fees and expenses are associated with the cost of managing the Plan, while others are connected to the specific investment options you choose. There are three general categories of fees within all 401(k) plans, including Delta s: 1. Fund Management Fees These fees include management fees that go to the firms that manage the funds in the Plan, and also include certain fees paid to the trustee in connection with maintaining custody of plan assets. Management fees which offset a fund s performance, are paid by the participant, and trustee fees are paid by Delta. 2. Plan Administration Fees These fees cover the participant s share of the cost of plan administration and operation. Generally they include charges for operating the plan, including such costs as those of third-party record keepers, accounting, and trustee, and other similar administrative services, as well as the costs of complying with government requirements for defined contribution plans. They are typically charged on a quarterly basis (but off-cycle fees can also be charged in some situations). These fees are paid by Delta for this plan. Summary Plan Description effective as of January 1,

37 3. Transaction Fees These fees include charges for Plan features that you might use that are not included in the Plan administration fees. These expenses are charged for the execution of a particular service, transaction or event, such as BrokerageLink transactions. Refer to the appropriate sections of this handbook for more information. These fees are paid by the participant. For more information about these fees, call the Delta Service Center at Fidelity at Mutual Fund Pass-through Voting Rights As a participant, you have the ability to exercise voting, tender and other similar rights with respect to the mutual funds in which you are invested through the Plan. Materials related to the exercise of these rights will be sent to you at the time of any proxy meeting, tender offer or similar rights relating to the particular mutual funds held in your account. The Plan recordkeeper will provide a prospectus for any of the mutual funds offered as investment options in the Plan, and a prospectus or offering circular for any of the funds constituting any part of any other investment option. Requests for copies should be addressed to: Fidelity Institutional Retirement Services Co. 82 Devonshire Street Boston, MA (TDD# ) Your Rights Under ERISA As a participant in the Delta Pilots Defined Contribution 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 Plan 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 (EBSA) Obtain, on written request to the Plan 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 Plan Administrator may impose a reasonable charge for the copies 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 Obtain a statement telling you whether you have a right to a retirement benefit at normal retirement age (age 60) and if so, what your benefit would be at normal retirement age if you stop working now. If you do not have a right to a retirement benefit, the statement will tell you how many more years you have to work to get a right to a retirement benefit. 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 statement free of charge Summary Plan Description effective as of January 1,

38 Prudent Actions by Plan Fiduciaries In addition to creating rights for plan participants, ERISA imposes duties on the people who are responsible for the operation of the employee benefit plan. The people who manage this 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 Delta, your union or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a retirement benefit or exercising your rights under ERISA. Enforce Your Rights If your claim for a Plan benefit is denied or ignored, in whole or in part, you have a 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 these rights. For instance: If you request a copy of Plan documents or the latest annual report from the Plan and do not receive it within 30 days, you may file suit in federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay up to $110 a day until you receive the materials, unless the materials were not sent for reasons beyond the control of the Plan Administrator If you have a claim for benefits that is denied or ignored, in whole or in part, you may file suit in 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 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 (EBSA), U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, U.S. Department of Labor, Employee Benefits Security Administration, 200 Constitution Avenue, N.W., Washington, DC You also may obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration at You also may visit EBSA s website at Summary Plan Description effective as of January 1,

39 TERMS TO KNOW ALPA The Air Line Pilots Association, International. Beneficiary Your Beneficiary is the person or legal entity who will receive your vested Plan account if you die before you receive a distribution from the Plan. A secondary Beneficiary receives the benefit if your primary Beneficiary is deceased. Business Day Any day on which the New York Stock Exchange is open for trading. Disabled or Disability For purposes of this Plan, you are considered Disabled (or placed on Disability) if you have become entitled to receive Disability Benefits under the Delta Pilots Disability and Survivorship Plan or the Northwest Airlines, Inc. Long Term Disability Plan ( NWA LTD Plan ). Disabled Pilot A Disabled Pilot is one of the following: A Pilot who is receiving Disability Benefits for a period of Disability on or after June 1, 2006, A former Pilot who is removed from the Delta Air Lines Pilots system seniority list pursuant to PWA Section 13.B.3 (due to exceeding 10 years on Disability) on or after June 1, 2006 and is receiving Disability Benefits for a period of Disability on or after June 1, 2006, A Former NWA New Hire Pilot who is receiving Disability Benefits for a period of Disability after October 30, 2008, including a Pilot receiving Disability Benefits who is removed from the seniority list pursuant to PWA Section 13.B.3 (due to exceeding 10 years on Disability), or A Former NWA Pilot who is receiving Disability Benefits as of January 1, 2008 Disability Benefits Disability Benefits are long-term disability benefits from the Northwest Airlines, Inc. Long Term Disability Plan ( NWA LTD Plan ) or temporary or long-term disability benefits from the Delta Pilots Disability and Survivorship Plan (but not the supplemental disability benefits payable to a Former NWA Pilot under Section 26.V.5 of the PWA ( Top-Up Disability Benefits ) from the Delta Pilots Disability and Survivorship Plan). Summary Plan Description effective as of January 1,

40 Earnings Your eligible Earnings are the amounts actually paid to you during each calendar month attributable to services rendered to Delta as a Pilot, computed based on your regular rate of compensation and as reported on your Form W-2, including overtime, but not reduced by any voluntary reduction in compensation. Your eligible Earnings are determined before any pre-tax contributions to the Delta Pilots Savings Plan, pre-tax medical expenses and contributions to flexible spending accounts. Earnings also include incentive compensation, bonuses and profit sharing amounts that are paid attributable to services rendered as a Pilot prior to your retirement or termination of employment. Earnings and Full Service Bank hours, as described in Section 12 of the PWA, that are paid after retirement, Disability or death, will be included in Earnings in the month in which paid. Further, for a Pilot retiring on the first of the month immediately following his 60th birthday, the final month of Earnings will include an imputed amount that is equal to the value of rotations or reserve on-call days on the Pilots line for that bid period that falls on or after the day in that bid period on which the Pilot turned age 60 but only up to the amount of time needed to reach the Pilot s ALV for that bid period after taking into account earned flight pay for that bid period, and only to the extent that the Pilot has sufficient earned and/or accrued vacation to cover the rotations or reserve on-call days that fall on or after the day the Pilot turned 60. Note: Earnings for Disabled Pilots who have a period of long-term disability on and after June 1, 2006, also include the following amount: [(Calculated Disability Benefit* for one month) minus (offset for that month for employment income that exceeds Calculated Disability Benefit)] times 2 * under terms of the Delta Pilots Disability and Survivorship Plan In the case of a NWA Disabled Pilot receiving Disability Benefits from the Northwest Airlines, Inc. Long Term Disability Plan ( NWA LTD Plan ) for a period of Disability on or after October 30, 2008, Earnings will include the amount of earnings upon which the Disability Benefit under the NWA LTD Plan is based (not multiplied by two or subject to offsets). For purposes of determining the Aggregate Annual Cap for the Target Contribution, Earnings will include deemed earnings for participants on military leave regardless of whether or not the Pilot has returned to work and, for participants receiving Disability Benefits from the NWA LTD Plan, the final average earnings used to determine benefits under that plan. Earnings do not include: Reimbursements for expenses or expense allowances Amounts paid in conjunction with retirement, Disability, death or termination of continuous employment in lieu of earned and accrued vacation that has not been taken. However, effective for Earnings paid on and after July 31, 2012, earned and accrued vacation will be considered as eligible Earnings for the Plan, in accordance with the PWA Taxable income imputed to you by virtue of fringe benefits provided by Delta Summary Plan Description effective as of January 1,

41 Relocation incentive benefits paid in accordance with the PWA Amounts paid or reported as income in connection with the issuance and/or exercise of stock options or other equity compensation under a Delta plan applicable to Pilots Any excess payments paid to a Pilot due to limitations on contributions applicable under the Delta Pilots Savings Plan or the Plan Disability benefit payments for periods of Disability prior to June 1, 2006, to former Delta Pilots who are not Disabled Pilots or to NWA Disabled Pilots for periods of Disability prior to October 30, 2008 Any consideration received for the ALPA Claim or Notes described in Letter of Agreement #7 between Delta and ALPA Any payments from Delta Pilots Mutual Aid Top-up Disability Benefits FAA Mandatory Retirement Age The age under the laws of the United States at which a Pilot may no longer serve as a PIC or SIC, which is age 65. Former NWA Pilot Former NWA Pilot means a pilot who was an employee of Northwest Airlines, Inc. and whose name appeared on the NWA seniority list on or before September 1, 2007 and remained on such list on October 29, 2008 and was a participant in the Northwest Airlines Money Purchase Plan for Pilot Employees (the NWA MPP ) (including a Pilot whose Target Contribution was zero). Former NWA New Hire Pilot Former NWA New Hire Pilot means a pilot who was an employee of Northwest Airlines, Inc. and whose name appeared on the NWA seniority list after September 1, 2007 and remained on such list on October 29, 2008 and was not included as a participant in the Northwest Airlines Money Purchase Plan for Pilot Employees (the NWA MPP ). Pilot Pilot has the meaning given such term in the PWA. Plan The Delta Pilots Defined Contribution Plan. Pilot Working Agreement (PWA) The basic collective bargaining agreement between Delta and the air line pilots in the service of Delta, as represented by ALPA, together with all effective amendments, supplemental agreements, letters of agreement and letters of understanding between Delta and ALPA. Rehired Retired Pilot Rehired Retired Pilot has the meaning given such term in the PWA. Summary Plan Description effective as of January 1,

42 WHERE TO GET MORE INFORMATION If You Need Call Visit To get answers to general questions or information about the Plan, including your investment options To change the way your account is invested (your future company contributions or present account) To request a distribution from the Plan More information on USERRA contributions when you return from military leave Delta Service Center at Fidelity at (TDD# ) Delta Employee Service Center MYDELTA ( ) Fidelity NetBenefits SM at N/A The information contained herein has been provided by Delta Air Lines, Inc. and is solely the responsibility of Delta Air Lines, Inc. Summary Plan Description effective as of January 1,