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Case 7:11-cv-01471-VB Document 34 Filed 10/13/11 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re: Bakery and Confectionery Union and ) Industry International Pension Fund ) Master File No.: 11 Civ. 01471 (VB) Pension Plan ) ) DECLARATION OF DIOGENES P. KEKATOS IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION DIOGENES P. KEKATOS declares the following pursuant to 28 U.S.C. § 1746: 1. I am admitted to practice in this Court. I am a member of the law firm of Seeger Weiss LLP, which is one of the firms that this Court appointed as Interim Lead Counsel in its Order dated July 25, 2011 (D.E. 26). I am the attorney at Seeger Weiss who has been in charge of the day-to-day handling of this litigation since before the filing of the constituent action, Schol v. Bakery and Confectionery Union and Industry International Pension Fund Pension Plan , No. 7:11 Civ. 04080 (VB), which was originally filed in the Eastern District of New York on February 3, 2011 under docket number 2:11 CV 00537 (JS) (AKT); subsequently transferred to this Court, by Order entered in the Eastern District of New York on June 15, 2011 and docketed in this Court on June 21, 2011; and consolidated with the other constituent action, Alcantara v. Bakery and Confectionery Union and Industry International Pension Fund Pension Plan , which bore the above-captioned docket number. Except where otherwise indicated, the statements in this Declaration are based either on personal knowledge or on my personal review of pertinent files. I make this declaration in support of Plaintiffs’ motion, pursuant to Rule 23 of the Federal Rules of Civil Procedure, for class certification (the “Motion”). 2. Annexed hereto collectively as Exhibit A is a true copy of the combined Summary Plan Description and Rules and Regulations of the Bakery and Confectionery Union and Industry International Pension Fund, as amended and restated effective January 1, 2010, Case 7:11-cv-01471-VB Document 34 Filed 10/13/11 Page 2 of 2 downloaded from the Bakery and Confectionery Union and Industry International Pension Fund’s website at http://www.bctrustfunds.org/images/Pension_SPD_P-6123-10.pdf. 3. Annexed hereto as Exhibit B is a true copy of Amendment Number Two to Rules and Regulations of the Bakery and Confectionery Union and Industry International Pension Fund, as amended and restated effective January 1, 2010, which Defendants filed as an exhibit in support of their motion to dismiss the complaint in the Schol action. 4. Annexed hereto collectively as Exhibit C are true copies of the firm resumes or biographies of Keller Rohrback, L.L.P., Seeger Weiss LLP, and William D. Frumkin. 5. I declare under penalty of perjury that the foregoing is true and correct. Executed at New York, New York this 13th day of October, 2011 /s Diogenes P. Kekatos _______________________________________ DIOGENES P. KEKA TOS 2 Case 7:11-cv-01471-VB Document 34-1 Filed 10/13/11 Page 1 of 121 EXHIBIT A SUMMARY PLAN DESCRIPTION OF THE BAKERY AND CONFECTIONERY UNION AND INDUSTRY INTERNATIONAL PENSION FUND (UNITED STATES) STATEMENT FROM TRUSTEES The Pension Plan is governed by a legal document that is sometimes difficult to understand. The plan is complex for several reasons: • It covers tens of thousands of participants throughout the United States. • It covers participants in very large shops employing thousands of employees and it covers one or two employees working in a small retail shop. • It covers employees who have been in the trade for many years and it covers employees who have recently begun to work at the trade. • It covers women and men, older participants and younger ones, those who have worked steadily and those who have had long periods of absence from the trade. • It provides many levels and types of benefits that groups have bargained for over a long pe- riod of years. • The Trustees have set a goal of treating all those groups and all those conditions evenly and fairly. To treat all groups evenly and fairly many complicated rules had to be written. This booklet is an effort by the Trustees to explain to you, the participant, how those rules affect you. i HOW TO USE THIS BOOK This book contains a Summary Plan Description of the Rules and Regulations governing the Bakery and Confectionery Union and Industry International Pension Fund and the Rules and Regulations of the Bakery and Confectionery Union and Industry International Pension Fund. The first section of this book contains the Summary Plan Description (SPD) of the Rules and Regulations governing the Bakery and Confectionery Union and Industry Pension Fund. The second section of the book contains the specific Rules and Regula- tions of the Pension Fund. These Rules and Regulations, and not the Summary Plan Description, establish your rights, although the Summary Plan Description is as accu- rate as we can make it. In the event of any conflict or ambiguity, the Rules and Regu- lations govern. Este libro contiene un resumen en Ingles de sus derechos y beneficios en este Plan bajo el Bakery and Confectionery Union & Industry International Pension Fund. Si tiene dificultad entendiendo cualquier parte de este libro, puede escribir a Robert J. Bergin, o a John A. Beck, 10401 Connecticut Avenue, Kensington, Maryland 20895- 3960. Tambien puede llamar a la oficina a (301) 468- 3700 para ayuda entre las horas de 8:00 a 4:00, lunes a viernes. Everyone that is a participant is covered by Plan A. There are several additional plans by which you may also be covered. Please refer to your contract which is available from your local union. It will tell you: 1. The Benefit Level in effect at the present time in your shop; 2. Which additional Plans besides Plan A you are covered by. In reading the book pay par- ticular attention to those plans by which you are covered. If you are covered by Plan G (Golden 80) you don’t have to read the section on Plan C (Golden 90) since Plan G grants benefits sooner. For your reference, we have included examples of pension calculations at the end of the Sum- mary Plan Description. We want to point out that these pension calculations are for reference only. When you retire, the Fund Office will make the determination of your actual monthly bene- fit, including any supplements to which you may be entitled. For your information, we have noted (at the back of this book) Article and Section changes and/or additions, that were made to the Summary Plan Description and Rules and Regulations from January 1997 through December 2009. ii THREE IMPORTANT QUESTIONS ployer began contributions to the Fund (750 hours is less than There are three important questions which you need to an- six months but you still get credit for a “vesting” year.) swer regarding the Bakery and Confectionery Union and Indus- When you earn ten “vesting” years without a break in service try International Pension Plan. you have earned a benefit which will be paid to you when you re- 1. ARE YOU A PARTICIPANT? tire, but not before age 65. If you do not have ten “vesting” years of credit and leave covered employment prior to age 55 you are not 2. ARE YOU VESTED? entitled to any benefits unless you have 15 years of credited ser- 3. HOW MUCH PENSION BENEFIT WILL YOU RE- vice and are covered by Plan B or qualify for a disability pension. CEIVE WHEN YOU RETIRE? If you earn more than one Hour of Service in Covered Em- Of course, there are many more details which we will talk ployment under the Fund on or after January 1, 1999, you are about in this booklet, but let’s answer the big ones first. governed by the five-year cliff vesting requirement. This means that you only have to earn five years of vesting service, without 1. ARE YOU A PARTICIPANT? a break in service, to be entitled to some benefit when you re- You become a participant in the Fund either on January 1st tire. The rules for calculating the number of years of vesting or July 1st of any year after you have worked 750 hours within service you have earned and all other rules regarding vesting re- a twelve consecutive month period in Covered Employment. main the same as outlined above. Covered Employment happens when you work in a job clas- Please Note: If you left covered employment prior to 1976 see sification that is covered by a Collective Bargaining Agreement Special Note. that requires the employer to make contributions on your behalf to the Bakery and Confectionery Union and Industry Interna- SPECIAL NOTE tional Pension Fund. For example: a person hired on September This page discusses vesting credit. The rules on the next 1, 1990, and who works 750 hours in covered employment as of page discuss pension credit, which is different. Special Note: September 1, 1991, will become a participant on January 1, You are not entitled to any vesting service credit for the follow- 1992. You then continue to be a participant until: ing periods: 1. You fail to complete 375 hours of service in any calendar 1. Years preceding a Break-in-Service (see page 4) for peri- year (you then have a one-year break in service). ods prior to January 1, 1976; 2. Or your employer is no longer obligated to contribute to 2. Years preceding a Break-in-Service after January 1, 1976 the Fund on your behalf.

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