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FORM 5500 DATA

Berry Plastics Corporation Employees' 401k Retirement Plan

Overview

Plan Information

  • Plan Year01/01/2009 — 12/31/2009
  • Date of Plan01/01/1991
  • Net Assets as of 12/31/2009 $265,188,518
  • 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
  • Plan Funding ArrangementInsurance Trust
  • Plan Benefit ArrangementInsurance Trust

Participant Information as of 12/31/2009

  • Active (Eligible) Participants9,635
  • Retired or separated participants receiving benefits2
  • Other retired or separated participants entitled to future benefits1,604
  • Subtotal11,241
  • Deceased participants whose beneficiaries are receiving or are entitled to receive benefits4
  • Total11,245
  • Total number of participants as of 01/01/200911,602
  • Number of participants with account balances8,792
  • Number of participants that terminated employment during the plan year with accrued benefits that were less than 100% vested5

Expenses

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

Sponsor Information

  • AddressP O Box 959
  • CityEvansville
  • StateIN
  • Zip47706-0959
  • Telephone(812) 424-2904
  • EIN35-1813706
  • Industry Code326100
  • Named AdministratorDavid Berkman

Plan Administrator Information

  • Administrator NameBerry Plastics Corporation
  • AddressP O Box 959
  • CityEvansville
  • StateIN
  • Zip47706-0959
  • Telephone(812) 424-2904
  • Administrator EIN35-1813706

Audit Information

  • Audit StatusAudited
  • AuditorHarding Shymanski & Company
  • Auditor EIN35-1346211
  • 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.
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.
3D Master plan A pension plan that is made available by a sponsor for adoption by employers; that is the subject of a favorable opinion letter; and for which a single funding medium (for example, a trust or custodial account) is established for the joint use of all adopting employers.
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 $20,612,370
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? Yes
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? No
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 $60,349,522
Contributions $20,142,207
Cash Contributions $20,142,207
Cash from Employers $3,781,819
Cash from Participants $15,999,658
Others (including rollovers) $360,730
Noncash Contributions $0
Total Earnings on Investments $40,179,344
Total Interest $924,297
Interest-Bearing Cash $0
U.S. Government Securities $0
Corporate Debt Instruments $0
Loans (other than to participants) $0
Participant Loans $887,391
Interest from Other Investments $36,906
Total Dividends $0
Preferred Stock $0
Common Stock $0
Rents $0
Net gain (loss) on sale of assets $0
Aggregate Proceeds $0
Aggregate Carrying Amount $0
Total Unrealized Appreciation (depreciation) of assets $0
Real Estate $0
Other $0
Net investment gain (loss) from common/collective trusts $1,002,330
Net investment gain (loss) from pooled separate accounts $38,252,717
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 $0
Other Income $27,971
Expenses $20,714,359
Total Benefit Payments $20,623,652
Directly to participants or beneficiaries, including direct rollovers $20,623,652
To insurance carriers for the provision of benefits $0
Other Benefit Payment Fees $0
Corrective Distributions $68,227
Certain deemed distributions of participant loans $0
Interest expense $0
Total Administrative Expenses $22,480
Professional Fees $12,620
Contract Administrator Fees $9,860
Investment Advisory and management fees $0
Other Administrative Fees $0
Net Income $39,635,163
Transfers of Assets to this Plan $0
Transfers of Assets from this Plan $0

Asset and Liability Statement

12/31/2009 12/31/2008 Change YOY
Total Assets $265,188,518 $206,123,704 28.66%
Total noninterest-bearing cash $0 $0 0.0%
Receivables $0 $0 0.0%
Employer Contributions $0 $0 0.0%
Participant Contributions $0 $0 0.0%
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 $12,053,378 $12,489,712 -3.49%
Value of interest in common/collective trusts $35,005,807 $38,038,353 -7.97%
Value of interest in pooled separate accounts $218,129,333 $155,595,639 40.19%
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 $0 0.0%
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 $265,188,518 $206,123,704 28.66%

Service Providers

Persons Receiving Only Eligible Indirect Compensation

There is no information on eligible indirect compensation for this plan.

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
Minnesota Life Insurance Company Accounting (including auditing), Direct payment from the plan, Contract Administrator, Recordkeeping and information management (computing, tabulating, data processing, etc.), Valuation (appraisals, etc.), Recordkeeping fees, Account maintenance fees, Participant loan processing NONE $12,980 $0 $12,980
Harding Shymanski & Company Contract Administrator, Recordkeeping and information management (computing, tabulating, data processing, etc.), Valuation (appraisals, etc.), Direct payment from the plan, Recordkeeping fees, Account maintenance fees NONE $9,500 $0 $9,500
Total $22,480 $0 $22,480

Indirect Compensation

There are no service providers with indirect compensation listed for this plan.

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
Money Market Minnesota Life Insurance Company DFE: Pooled Separate Account $38,525,895
Vanguaard Retirement Savings Trust The Vanguard Group DFE: Common/Collective Trust $35,005,807
Large Growth Equity X Minnesota Life Insurance Company DFE: Pooled Separate Account $34,518,140
Lifestrategy II Minnesota Life Insurance Company DFE: Pooled Separate Account $20,185,401
Large Value Equity Iia Minnesota Life Insurance Company DFE: Pooled Separate Account $18,101,470
Intermediate Term Bond Index Ia Minnesota Life Insurance Company DFE: Pooled Separate Account $15,459,668
Large Equity Index I Minnesota Life Insurance Company DFE: Pooled Separate Account $14,186,068
Large Equity II Minnesota Life Insurance Company DFE: Pooled Separate Account $12,538,397
International Core I Minnesota Life Insurance Company DFE: Pooled Separate Account $12,006,445
Lifestrategy I Minnesota Life Insurance Company DFE: Pooled Separate Account $10,797,245
Small Mid Groth Equity III Minnesota Life Insurance Company DFE: Pooled Separate Account $10,705,719
International Growth I Minnesota Life Insurance Company DFE: Pooled Separate Account $6,814,785
Multisector Bond I Minnesota Life Insurance Company DFE: Pooled Separate Account $6,750,098
Small Mid Value Equity III Minnesota Life Insurance Company DFE: Pooled Separate Account $6,238,967
Mid Cap Equity II Minnesota Life Insurance Company DFE: Pooled Separate Account $4,709,538
Lifestrategy III Minnesota Life Insurance Company DFE: Pooled Separate Account $4,253,803
Small Equity VII Minnesota Life Insurance Company DFE: Pooled Separate Account $2,337,694
Total $253,135,140

Insurance Information

Insurance Information

Insurance Carrier Summary Persons Covered
Minnesota Life Company 11,245
EIN 41-0417830
Industry Code 66168
Contract Number 91848-100
Contract Year 01/01/2009 — 12/31/2009
Value in General Account at Year End $0
Value in Separate Accounts at Year End $218,129,333
Insurance Fees and Commissions $0
Persons Receiving Commissions and Fees There are no brokers listed for this plan.
Allocated Funds
Type of Contract Unspecified
Basis of premium rates
Premiums paid to carrier $0
Premiums due but unpaid at the end of the year $0
If the carrier, service, or other organization incurred any specific costs in connection with the acquisition or retention of the contract or policy, enter amount $0
Specify the nature of the costs
Unallocated Funds
Type of Contract Unspecified
Balance at the end of the previous year $0
Additions $0
Contributions Deposited during the year $0
Dividends and credits $0
Interest credited during the year $0
Transferred from separate account $0
Other $0
Total of Balance and Additions $0
Deductions $0
Disbursed from fund to pay benefits or purchase annuities during the year $0
Administration charge made by carrier $0
Transferred to Separate Account $0
Other $0
Balance at the end of the current year $0