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FORM 5500 DATA

Lehigh Cement Company Retirement Savings Plan

Overview

Plan Information

  • Plan Year01/01/2009 — 12/31/2009
  • Date of Plan05/01/1963
  • Net Assets as of 12/31/2009 $0
  • Plan Number1
  • Plan Type Single Employer
  • Is the plan collectively bargained? No
  • Did the plan file for an extension of time or the DFVC Program?Yes
  • Report Description This is the final report filed for the plan.
  • Plan Funding Arrangement Trust
  • Plan Benefit Arrangement Trust

Participant Information as of 12/31/2009

  • Active (Eligible) Participants0
  • Retired or separated participants receiving benefits0
  • Other retired or separated participants entitled to future benefits0
  • Subtotal0
  • Deceased participants whose beneficiaries are receiving or are entitled to receive benefits0
  • Total0
  • Total number of participants as of 01/01/20092,600
  • Number of participants with account balances0
  • Number of participants that terminated employment during the plan year with accrued benefits that were less than 100% vested0

Expenses

  • Total Benefit Payments$0
  • Corrective Distributions$0
  • Administrative Service Providers$0
  • Other Expenses$0
  • Total Expenses$0
  • Total Transfers$0

Sponsor Information

  • Address300 E. John Carpenter Frwy Suite 1645
  • CityIrving
  • StateTX
  • Zip75062
  • Telephone(972) 653-5500
  • EIN23-0797050
  • Industry Code327300
  • Named AdministratorJames Guerriero
  • Named Plan SponsorJames Guerriero

Plan Administrator Information

  • Administrator NameLehigh Cement Company
  • Address300 E. John Carpenter Frwy Suite 1645
  • CityIrving
  • StateTX
  • Zip75062
  • Telephone(972) 653-5500
  • Administrator EIN23-0797050

Audit Information

  • Audit StatusAudited
  • AuditorParentebeard LLC
  • Auditor EIN23-2932984
  • Audit Opinion Disclaimer
  • Audit TypeLimited Scope Audit

Benefits Provided Under the Plan

Code Benefit Description
2E Profit-sharing A defined contribution plan that allows employer discretionary contributions. These plans often contain a 401(k) feature.
2F ERISA section 404(c) Plan This plan, or any part of it is intended to meet the conditions of 29 CFR 2550.404c-1.
2G Total participant-directed account plan Participants have the opportunity to direct the investment of all the assets allocated to their individual accounts, regardless of whether 29 CFR 2550.404c-1 is intended to be met.
2J Code section 401(k) feature A cash or deferred arrangement described in Code section 401(k) that is part of a qualified defined contribution plan that provides for an election by employees to defer part of their compensation or receive these amounts in cash.
2K Code section 401(m) arrangement Employee contributions are allocated to separate accounts under the plan or employer contributions are based, in whole or in part, on employee deferrals or contributions to the plan. Not applicable if plan is 401(k) plan with only QNECs and/or QMACs. Also not applicable if Code section 403(b)(1), 403(b)(7) or 408 arrangements/accounts/annuities.
2R Brokerage Window Participant-directed brokerage accounts provided as an investment option under the plan.
2T Participant-directed Account Total or partial participant-directed account plan - plan uses default investment account for participants who fail to direct assets in their account.
3H Controlled Group Plan sponsor(s) is (are) a member(s) of a controlled group (Code sections 414(b), (c), or (m)).

Questions and Answers

Question Answer Amount
During the plan year did the employer fail to transmit to the plan any participant contributions within the time period described in 29 CFT 2510.3-102? No
Were any loans by the plan or fixed income obligations due the plan in default as of the close of plan year or classified during the year as uncollectible? Disregard participant loans secured by participant's account balance. No
Were any leases to which the plan was a party in default or classified during the year as uncollectible? No
Were there any nonexempt transactions with any party-in-interest? No
Was this plan covered by a fidelity bond? Yes $1,000,000
Did the plan have a loss, whether or not reimbursed by the plan's fidelity bond, that was caused by fraud or dishonesty? No
Did the plan hold any assets whose current value was neither readily determinable on an established market nor set by an independent third party appraiser? No
Did the plan receive any noncash contributions whose value was neither readily determinable on an established market nor set by an independent third party appraiser? No
Did the plan have assets held for investment? No
Were any plan transactions or series of transactions in excess of 5% of the current value of plan assets? No
Were all the plan assets either distributed to participants or beneficiaries, transferred to another plan, or brought under the control of the PBGC? Yes
Has the plan failed to provide any benefit when due under the plan? No
If this is an individual account plan, was there a blackout period? Yes
If there was a blackout period, have you either provided the required notice or one of the exceptions to providing the notice applied under 29 CFR 2520.101-3? Yes

Financials

Income and Expense Statement

Income $31,646,493
Contributions $9,577,825
Cash Contributions $9,577,825
Cash from Employers $3,205,867
Cash from Participants $6,151,756
Others (including rollovers) $220,202
Noncash Contributions $0
Total Earnings on Investments $22,066,437
Total Interest $350,044
Interest-Bearing Cash $56
U.S. Government Securities $0
Corporate Debt Instruments $0
Loans (other than to participants) $0
Participant Loans $349,988
Interest from Other Investments $0
Total Dividends $2,615,288
Preferred Stock $0
Common Stock $348
Rents $0
Net gain (loss) on sale of assets $9,258,464
Aggregate Proceeds $9,647,002
Aggregate Carrying Amount $388,538
Total Unrealized Appreciation (depreciation) of assets $0
Real Estate $0
Other $0
Net investment gain (loss) from common/collective trusts $55,857
Net investment gain (loss) from pooled separate accounts $0
Net investment gain (loss) from master trust investment accounts $0
Net investment gain (loss) from 103-12 investment entities $0
Net investment gain (loss) from registered investment companies $9,786,784
Other Income $2,231
Expenses $27,226,884
Total Benefit Payments $27,186,813
Directly to participants or beneficiaries, including direct rollovers $27,186,813
To insurance carriers for the provision of benefits $0
Other Benefit Payment Fees $0
Corrective Distributions $0
Certain deemed distributions of participant loans $0
Interest expense $0
Total Administrative Expenses $40,071
Professional Fees $30,391
Contract Administrator Fees $0
Investment Advisory and management fees $0
Other Administrative Fees $9,680
Net Income $4,419,609
Transfers of Assets to this Plan $0
Transfers of Assets from this Plan $137,442,349

Asset and Liability Statement

12/31/2009 12/31/2008 Change YOY
Total Assets $0 $133,022,740 -100.00%
Total noninterest-bearing cash $0 $0 0.0%
Receivables $0 $692,782 -100.00%
Employer Contributions $0 $243,608 -100.00%
Participant Contributions $0 $449,174 -100.00%
Other Contributions $0 $0 0.0%
General Investments $0 $0 0.0%
Interest-bearing cash $0 $0 0.0%
U.S. Government Securities $0 $0 0.0%
Corporate Debt Instruments $0 $0 0.0%
Preferred $0 $0 0.0%
All Other $0 $0 0.0%
Corporate Stocks $0 $0 0.0%
Preferred $0 $0 0.0%
Common $0 $0 0.0%
Partnership/joint venture interests $0 $0 0.0%
Real estate (other than employer real property) $0 $0 0.0%
Loans (other than to participants) $0 $0 0.0%
Participants Loans $0 $5,364,937 -100.00%
Value of interest in common/collective trusts $0 $28,915,978 -100.00%
Value of interest in pooled separate accounts $0 $0 0.0%
Value of interest in master trust investment accounts $0 $0 0.0%
Value of interest in 103-12 investment entities $0 $0 0.0%
Value of interest in registered investment companies $0 $98,049,043 -100.00%
Value of funds held in insurance co. general account $0 $0 0.0%
Other Investments $0 $0 0.0%
Employer-related Investments $0 $0 0.0%
Employer Securities $0 $0 0.0%
Employer Real Property $0 $0 0.0%
Buildings and other property used in plan operation $0 $0 0.0%
Total Liabilities $0 $0 0.0%
Benefit Claims Payable (1) $0 $0 0.0%
Operating Payables (1) $0 $0 0.0%
Acquisition Indebtedness (1) $0 $0 0.0%
Other liabilities (1) $0 $0 0.0%
Net Assets $0 $133,022,740 -100.00%

Service Providers

Persons Receiving Only Eligible Indirect Compensation

  • Fidelity Inv Inst Ops Co

Other Service Providers Receiving Direct or Indirect Compensation

Name Nature of Service Relationship to Plan Sponsor Direct Compensation Paid by Plan Indirect Compensation Paid by Plan Total Compensation
The Vanguard Group Trustee (discretionary), Participant loan processing, Recordkeeping fees, Account maintenance fees, Securities brokerage commissions and fees NONE $30,391 $0 $30,391
Fidelity Investments Institutional Recordkeeping fees, Participant loan processing, Account maintenance fees, Securities brokerage commissions and fees, Sub-transfer agency fees, Trustee (discretionary) Recordkeeper $7,085 $0 $7,085
Total $37,476 $0 $37,476

Indirect Compensation

Name Source of Indirect Compensation* Nature of Service Description of Indirect Compensation Indirect Compensation Paid by Plan
Fidelity Investments Institutional Dodge and Cox Stock - Boston Finan Sub-transfer agency fees 0.10% $0
Fidelity Investments Institutional Nb Genesis - Tr Cl - State Street B Sub-transfer agency fees 0.35% $0
*As outlined by the Form 5500 Instructions for service providers with indirect compensation.

Service Providers Who Fail or Refuse to Provide Information

There are no service providers who failed or refused to provide information.

Termination Information on Accountants and Enrolled Actuaries

There is no termination information for this plan.

Investments

Investments

Name of Investment Investment Manager Type of Investment Dollar Value
Vanguard Ret. Savings Trust Vanguard Fiduciary Trust Co. DFE: Common/Collective Trust $0
Total $0

Insurance Information

Insurance Information

There are no insurance carriers listed for this plan.