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Newspaper Guild of New York • The New York Times • Guild-Times Benefits Fund Summary Plan Description for Active Employees and Retired Employees less than age 65 Effective July 1, 2006 Guild-Times Pension Plan Summary Plan Description Effective July 1, 2006 Guild-Times College Scholarship Fund Summary Plan Description Effective July 1, 2006

Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

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Page 1: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

Newspaper Guild of New York• The New York Times •

Guild-Times Benefits FundSummary Plan Description for Active Employees

and Retired Employees less than age 65

Effective July 1, 2006

Guild-Times Pension PlanSummary Plan Description

Effective July 1, 2006

Guild-Times College Scholarship Fund

Summary Plan Description

Effective July 1, 2006

Page 2: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees
Page 3: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

Guild-Times Benefits Fund

Summary Plan Description for Active Employees and Retired Employees Less Than Age 65

Effective July 1, 2006

Page 4: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees
Page 5: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE I

TABLE OF CONTENTS

Newspaper Guild of New York/The New York Times Benefits Guide . ...........1

Highlights of Your Benefits Fund Program for Active Employees and Eligible Retirees Younger Than Age 65 .....................3

Eligibility for Benefits ..........................................................................................7Who Is Eligible? ....................................................................................7

For Yourself ..............................................................................7For Your Dependents ..............................................................8

When Does Coverage Begin? ............................................................10Is Coverage Automatic or Must I Enroll? .........................................10

If You Are an Active Employee .............................................10If You Are a Retired Employee .............................................11

What Should I Do If My Family Status Changes? ...........................11

Contributions to the Cost of Coverage ...........................................................12If You Are An Eligible Active Employee .............................................12If You Are An Eligible Retired Employee ...........................................13

Your Choices—Medical Benefits ......................................................................14 CIGNA International Expatriate Benefits (Working Abroad) .........14

Choice I: Hospital and Major Medical Coverage/EPO .................................15Out Of Network Benefits (Major Medical) .......................................15

The Deductible ......................................................................15Out-of-Pocket Maximum .....................................................16

Your Benefits At A Glance ..................................................................17Coverage from Empire ........................................................................23

Where To Find Network Providers ......................................23Your EPO Benefits Out-of-area ...........................................23

Prescription Drug Program for Eligible Active Employees..............24Prescription Drug Benefits for Eligible Retirees ...............................25Expenses Not Covered .......................................................................25

Choice II: Coverage Through A Health Maintenance Organization (HMO) ..................................26Hospital Care .......................................................................................27

Emergency Care ....................................................................27Medical Care ........................................................................................27

How Do I Select My Primary Care Physician? .................28

Page 6: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

PAGE II • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65May I See a Specialist? .........................................................28

Benefits and Services ..........................................................................28What Medical Care is Not Covered? .................................................31

Dental Benefits ..................................................................................................33Using Your Own Dentist .....................................................................33

Sample Dental Benefits ........................................................33Using a Panel Dentist .........................................................................34What Expenses Are Not Covered? ....................................................35Claims Procedures ..............................................................................37Are Dental Benefits Paid After Coverage Ends? ...............................38

Optical Benefits .................................................................................................39How Does the Plan Work? .................................................................39

Panel Opticians .....................................................................39Individual Reimbursement ..................................................39

Are Any Services Not Covered?.........................................................40

Life Insurance Benefit .......................................................................................41Conversion To a Personal Life Insurance Policy ...............................41How Payment is Made .......................................................................42Claiming Life Insurance Benefits .......................................................42Continuation of Life Insurance During Disability ...........................43

Additional Employee Benefits Through Payroll Deduction ...........................45

If You Continue To Work After Age 65 .............................................................46

When Does Your Coverage End? .....................................................................47

Continuation Of Coverage ...............................................................................48Medical, Dental and Optical Benefits................................................48Continuation of Coverage Rights Under COBRA ...........................48

Introduction...........................................................................48What Is COBRA Continuation Coverage? .........................48Loss of Other Group Helath Plan Coverage ......................50When Is COBRA Coverage Available? ...............................51You Must Give Notice of Some Qualifying Events ...........51How Is COBRA Coverage Provided? .................................52How Long Does COBRA

Continuation Coverage Last? ...............................52Early Termination of Continuation Coverage .....................53

Page 7: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE III

How Can You Elect COBRA Continuation Coverage? ......54Pre-existing Conditions .......................................................54Leave of Absence (LOA) and COBRA ................................55How Much Does COBRA

Continuation Coverage Cost? ...............................55When and How Must Payment for COBRA

Continuation Coverage Be Made? ......................................55If You Have Questions ..........................................................57Keep Your Plan Informed of Address Changes ..................57Plan Contact Information ....................................................57

Other Ways Your Coverage Can Continue ........................................57Certificate of Creditable Coverage .....................................................61

How Benefits Are Coordinated ........................................................................64Which Plan Pays First For You and Your Spouse? .............................64Which Plan Pays First For Your Children? .........................................65

How Does No-Fault Insurance Affect Coordination of Benefits? ......................................66

Reimbursement Agreement ...............................................................66

Plan Administration ..........................................................................................69Claim Review Procedures ...................................................................69

Empire – Complaints, Appeals and Grievances .............................................70Complaints ..........................................................................................70Standard Internal Appeals .................................................................71Level 1 Grievances ..............................................................................75Level 2 Grievances ..............................................................................75Expedited Grievances .........................................................................76Decision On Grievances .....................................................................76How To File An Appeal Or Grievance ...............................................77How To Appeal (Dental, Optical, Life Insurance) ............................77Decision On Review (Dental, Optical, Life Insurance) ...................77How To File an Appeal With The Board of Trustees` ........................78Delayed Benefits ..................................................................................78Qualified Medical Child Support Orders ..........................................78HIPAA Privacy Practices for Personal Health Information .............79Your Rights Regarding Personal Health Information

The Fund Maintains About You ...........................................86Additional Obligations of the Plan With Respect to Your

Personal Health Information ...............................................89

Page 8: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

PAGE IV • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65Electronic Health Information ...........................................................92Interpreting the Plan...........................................................................93If The Plan Ends/Changes in Plan .....................................................94Fraud and Recovery Rule....................................................................96Other Important Facts About The Benefits Fund .............................96

Your Rights Under ERISA ...............................................................................102Receive Information About Your Plan and Benefits .......................102Continue Group Health Plan Coverage..........................................102Prudent Actions by Plan Fiduciaries ...............................................103Enforce Your Rights ...........................................................................103Assistance with Your Questions .......................................................104

Page 9: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 1

NEWSPAPER GUILD OF NEW YORK/THE NEW YORK TIMES BENEFITS FUND

A Summary Plan Description for Active Employees and Retired Employees less than age 65 in Guild Jurisdiction of The New York Times, Interstate Broadcasting Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York.

Dear Member:

The Board of Trustees of the Newspaper Guild of New York-The New York Times Benefits Fund is pleased to present you with this updated description of the health and welfare benefits for eligible active employees in Guild jurisdiction, and their eligible dependents, eligible retirees younger than age 65, and their eligible dependents younger than age 65. A separate booklet describes the Benefits Fund program for eligible retirees who have attained age 65.

The program provides financial protection and security if you or a dependent is ill or injured. Active employees also are provided with life insurance, dental and optical benefits.

As you look through this booklet, you will learn how you become eligible for benefits, what your benefits are and how you claim them. We urge you to read the booklet with care. Since the last booklet was published, a number of changes in benefits have been implemented, particularly in health care benefits. This booklet describes the Benefits Fund’s Plan in effect as of July 1, 2006.

Be sure to share this booklet with members of your family. We have tried to make it as easy to read as possible by presenting the information about your benefits in everyday language. For instance, the “Highlights of Your Benefits Fund Program for Active Employees” section helps you see your benefits at a glance. (Of course, you should read further for details of those benefits.)

The Trustees may modify or eliminate (without prior notice to you) any benefits and the eligibility requirements for benefits described in this booklet. The Trustees have the authority and discretion to interpret the plan of benefits and make final determinations regarding them. Neither employment nor benefits are guaranteed. Under no circumstances will any Plan benefits become vested or non-forfeitable with respect to active or retired employees or their beneficiaries or dependents.

Page 10: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

PAGE 2 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65This booklet, called the “summary plan description” summarizes the key features of the Plan. It also constitutes the Guild-Times Benefits Fund’s plan document. Complete details of the Plan are also contained in the other official Plan documents, including the Agreement and Declaration of Trust that created the Fund, which legally govern the operation of the Plan. All official Plan documents are available for your inspection at the Fund Office during normal business hours, and all statements made in this booklet are subject to the provisions and terms of those documents. In case of a conflict or inconsistency between the official Plan documents and this booklet, the official documents will govern in all cases. If you have any questions about your benefits, please feel free to contact the Benefits Fund office at 212-556-3526 or fax to 212-556-3600.

With our best regards,

Board of Trustees

Neil A. Lewis Charlotte BehrendtBarry F. Lipton Jay McKillopWilliam O’Meara Robert NusspickelSam Weiss Corinne Osborn

Page 11: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 3

HIGHLIGHTS OF YOUR BENEFITS FUND PROGRAM FOR ACTIVE EMPLOYEES

AND ELIGIBLE RETIREES YOUNGER THAN AGE 65

MEDICAL BENEFITS

The Benefits Fund Program offers you a CHOICE of Medical Plan to meet the needs of you and your family.

▼ CHOICE I – Hospital, Major Medical, an EPO, and Prescription Drug Coverage

Hospital and Major Medical - EPO

In Network

ß Administered through Empire BlueCross BlueShield

ß You pay only $15 per home or office visit when you receive medically necessary care from a participating provider.

Out of Network (major medical only):

ß you pay a $300 individual deductible ($750 for a family)

ß the Plan pays 80% of most eligible expenses up to usual, customary and reasonable (U.C.R.) levels for the next $10,000

ß after that, the Plan pays 100% of the remaining eligible expenses up to U.C.R. levels for the rest of the calendar year

ß $1 million lifetime maximum benefits per person

Prescription Drug Benefits

ß A prescription drug plan is offered through Pharmacare. There are no claim forms and no deductibles for active employees who select Choice 1.

Page 12: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

PAGE 4 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65ß Co-payment for brand name drugs is the greater of 20% of

the drug cost or $8. In addition, if a generic drug is available, you must also pay the price difference between the brand and generic options.

ß co-payment for generic drugs is the greater of 20% of the drug cost or $3.00

ß $100 annual deductible for retirees

ß Mail order program offers 90-day supply for 2 ½ times the 30-day retail rate. The mail order program is mandatory after two refills of a maintenance drug.

▼ CHOICE II – HMO Coverage

HMO coverage (covering major medical, hospital and prescription drug benefits) is available through:

HIP (NY) www.hipusa.com (800) 447-8632

Horizon (NJ) www.horizon-bcbsnj.com (800) 355-2583

Empire (NY, CT) www.empireblue.com (800) 662-5193

Oxford (NY, NJ, CT) www.oxfordhealth.com (800) 444-6222

Care First Blue Choice (DC, VA, MD) www.carefirst.com (800) 296-5555

Harvard Pilgrim (MA, ME, NH, RI) www.harvardpilgrim.org (800) 848-9995

Keystone (PA) www.ibxpress.com (800) 275-2583

Blue Shield (CA) www.blueshieldca.com (800) 424-6521

Blue Cross Blue Shield Health Options (FL)

(800) 955-3589

ß no deductible applies to medical expenses, with the HMO paying 100% of most eligible expenses as long as you use a provider within the HMO.

ß A deductible may apply to hospital and prescription drug coverage, depending on which HMO you select.

Page 13: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 5

▼ DENTAL BENEFIT (maximum $2,500 per year per member)

This benefit covers a wide variety of treatments, including orthodontia for you and your covered dependents.

ß at a participating dentist, the dental benefit will provide you with full coverage for preventive care and substantially discounted rates for other care.

ß At a nonparticipating dentist, you will need to pay for a portion of the costs associated with preventive care and you will not enjoy discounts for other care.

ß Benefits are paid according to a schedule (your dentist may request a pretreatment estimate) for care provided by any dentist

You and your covered dependents are eligible for the dental benefit no matter which Medical Benefit you choose.

Note: Dental coverage is not provided to a retiree or a dependent of a retiree.

▼ OPTICAL BENEFIT

ß at any optician, you may receive up to $100 in annual coverage for an eye examination and a basic pair of eyeglasses for you and each of your dependents; or

ß at a participating provider, you may receive an eye examination (by an optometrist) and a pair of glasses with no out-of-pocket cost to you.

You and your covered dependents are eligible for the optical benefit no matter which Medical Benefit you choose.

Note: Optical coverage is not provided to a retiree or a dependent of a retiree.

Page 14: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

PAGE 6 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

▼ GROUP LIFE INSURANCE

$10,000 of life insurance for you.

Note: Group Life Insurance coverage is not provided to a dependent, retiree or a dependent of a retiree.

Additional life insurance coverage is available through payroll deduction. See page 45 for more details.

Page 15: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 7

ELIGIBILITY FOR BENEFITS

WHO IS ELIGIBLE?

For Yourself

You are eligible to join the Plan if you are actively employed by The New York Times, Interstate Broadcasting Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York and you are:

ß a regular full-time employee, scheduled to work at least 34.5 hours a week, or

ß a regular part-time employee who is scheduled to work at least 20.7 hours a week. If you were hired as a regular part-time employee before August 1, 1987, and you were a Plan participant on that date, the 20.7 hours a week requirement does not apply to you, and you may therefore join the Plan, provided that you are otherwise eligible.

If you are a full-time employee who voluntarily reduces your scheduled work time to less than 20.7 hours a week, you will lose your eligibility for the Plan. If such a reduction is involuntary, you may be able to elect continuation coverage. See “Continuation of Coverage” for more details.

Temporary and/or casual employees as well as employees who are classified as independent contractors and not as employees at the time of any determination (even if they are later retroactively reclassified as a common-law or other type of employee pursuant to applicable law or otherwise) are generally excluded. However, if you are a temporary replacement for an employee who is on military, Vista, Peace Corps or disability leave, you are eligible to participate in the Fund after working for a period of one year and a day.

You are also eligible for health benefits under the Plan if, immediately after you terminate your employment, you begin collecting your pension under the Guild-Times Pension Plan. Effective May 1, 2004, in order to receive this retiree coverage, you will be required to make a contribution of 30% of the cost of premiums for benefit coverage as annually determined by the Fund actuary – unless you are under age 55 at the time of retirement, in which case you will be required to pay 100% of the medical premium. As a retired employee, however, at no time are you eligible for dental, optical, and life insurance benefits.

Page 16: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

PAGE 8 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65If you are a covered retired employee who reaches age 65, coverage under the health care program described in this booklet stops and you are covered by a medical program which supplements Medicare benefits. This program is described in a separate booklet available free of charge from the Fund Office.

For Your Dependents

The Benefits Fund offers medical, dental and optical benefit protection for your eligible dependents. This includes your:

ß spouse

ß unmarried natural, adopted (or placed with you for adoption), or stepchild(ren), until December 31 of the year the child reaches age 19 years (or age 23 if a full-time student working towards a degree in an accredited educational institution).

In all cases, in order to be eligible for coverage, a dependent child must also rely on you for support. Before coverage for a dependent becomes effective, you must supply the Benefits Fund with a copy of your marriage license, dependent’s birth certificate, adoption decree or other appropriate documentation that demonstrates your relationship to your dependent or your dependent’s reliance on you for support.

If you are a retired employee, for a dependent to be covered under the health care benefits described in this booklet, your dependent must be less than age 65. At no time is the dependent of a retired employee covered for dental, optical or life insurance benefits.

Notwithstanding the limit on dependents’ age above, unmarried children of any age who are unable to do any work to support themselves because of mental illness, developmental disability, mental retardation, or physical handicap are covered provided that, before reaching the age of 19, they (1) satisfied this condition and (2) covered by the Fund. If requested, proof of your dependent’s status as a disabled or handicapped person must be provided to the Fund. In order for a dependent age 23 or older to be classified as disabled under the Guild-Times Benefits Fund, you must supply the Fund with proof of your dependent’s disability and a copy of your dependent’s Supplemental Security Income (SSI) Award.

Page 17: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 9

The Benefits Fund also offers medical, dental and optical benefit protection for a domestic partner of the same or opposite sex provided you submit the proof of domestic partnership required by the Plan. The Benefits Fund considers a person to be your domestic partner when:

ß the relationship with you is exclusive and one of mutual support, caring and commitment

ß the intent is for the relationship to be permanent

ß you and your domestic partner live together in the same permanent residence and are jointly responsible for common expenses

ß you and your domestic partner are not married to anyone else

ß you and your domestic partner are not related by blood closer than would bar marriage under the law, and

ß you and your domestic partner are 18 years of age or older and are mentally competent to contract.

A dependent child of your domestic partner is eligible for coverage if:

ß the child is under age 19, unmarried and lives in the same household as you and your domestic partner or is between ages 19 and 23, is a full-time student and lists your address as the primary place of residence

ß you assume full responsibility and control, including all debts incurred by the child, such as charges for health care services and supplies, and

ß you or your domestic partner are the biological, adoptive, or stepparent of the child.

Note: Domestic partner coverage is not provided for a retired employee.

Page 18: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

PAGE 10 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65WHEN DOES COVERAGE BEGIN?

If you are a regular, active full-time employee or a regular, active part-time employee who is scheduled to work at least 20.7 hours per week, your coverage begins on the first day of the month coinciding with or next following your date of employment. If you are a temporary replacement for an employee who is on military, Vista, Peace Corps or disability leave, your coverage begins on the first day of the month coinciding with or next following the first anniversary of the day after your employment began.

Coverage for an eligible dependent begins on the same date as yours, or if later, on the date the dependent first becomes eligible.

IS COVERAGE AUTOMATIC OR MUST I ENROLL?

If You Are an Active Employee

The Fund requires that you complete an enrollment form and supply certain information (birth certificates for you and your family, a certificate of marriage, proof of dependency, etc.) in order to provide benefits for you and/or your family. If you do not enroll, you and your family can lose the significant benefits available under the Plan.

If you enroll your domestic partner, you must complete an enrollment form for your partner, an affidavit of domestic partnership, and, if applicable, certification of eligibility for the child(ren) of your domestic partner and provide proof of cohabitation.

You may change your coverage each year during the open enrollment period held from February 15th through March 15th to become effective on April 1st each year.

If you are eligible for dependent coverage during the open enrollment period and you elect individual coverage, generally, you may not add any current dependents until the next open enrollment period. However, if you have a new child during the waiting period (whether through pregnancy or adoption), you may elect dependent coverage in order to cover that child. An exception to this rule will be made if you elect not to pay the premium (or if you are an eligible active employee, enroll on behalf of yourself) at the beginning of your eligibility period because you, your spouse or dependents had coverage under another plan, but you (or your dependents) then lose that coverage because employer contributions cease or because of a loss

Page 19: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 11

of eligibility resulting from a change in family status (i.e., legal separation, divorce, termination of employment, reduction in hours, exhaustion of COBRA, children’s aging out of coverage, or moving out of an HMO service area) other than a failure to pay participant premiums or termination of coverage for cause (such as fraud). In that event, you will be given the opportunity to purchase coverage for them and you (and/or enroll on behalf of yourself if you are an eligible active employee) provided that you notify the Fund in writing within 30 days of the change in family status. If you both provide this notice and pay the required premium on time, the coverage will begin on the date of the change. If the other coverage was COBRA coverage, this exception only applies after the COBRA coverage is exhausted.

A participant who is transferred by the New York Times Company outside the tri-state area, can elect to have their dependents enrolled in the Guild-Times Benefits Fund at the time of transfer.

If You Are a Retired Employee

You can elect retiree coverage for yourself and your eligible dependents during an open enrollment period held every year February 15th through March 15th to become effective April 1st. If you are eligible for dependent coverage during the open enrollment period and you elect individual coverage, generally, you may not add any current dependents until the next open enrollment period.

WHAT SHOULD I DO IF MY FAMILY STATUS OR RESIDENCE CHANGES?

You should notify the Fund office as soon as possible, but not more than 30 days after a change in family status. A change in family status includes the birth of a new dependent child or if you marry, divorce, are legally separated, or an eligible dependent dies. If you have a new dependent child, your baby is automatically covered under the Plan for the first 30 days if you have family coverage. However, you will need to add your baby to your coverage. If you do not have family coverage, call the Fund office within 30 days to add your newborn as a dependent.

If you have any questions about whether a change in family status requires a new election, please call the Fund as soon as possible.

You should also contact the Fund office if you move out of your HMO’s service area.

Page 20: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

PAGE 12 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

CONTRIBUTIONS TO THE COST OF COVERAGE

IF YOU ARE AN ELIGIBLE ACTIVE EMPLOYEE

PRIOR TO MARCH 31, 2005:

You did not contribute to the Fund for your own coverage.

If you elected to participate in family coverage, you contributed $10 a week to the Plan for dependent or domestic partner coverage; unless you were a WQXR employee, in which case you contributed $14.50 a week. Contributions were made through payroll deduction.

EFFECTIVE MARCH 31, 2005:

You must pay the amount shown on the table below plus $5 per week on a pre-tax basis through your company cafeteria plan to participate in the plan on a self only basis.

If you are enrolling yourself and your spouse or one other dependent, you pay the amount in the table plus $10 per week. If you enroll yourself and two or more dependents, including your spouse, you pay the amount in the table plus $15 per week.

For WQXR, Fund Office Employees and NYT Digital, you must pay a weekly amount equal to your 3% salary increase (which took effect January 1, 2005) plus $5 for single or $10 for your spouse or other dependent and $15 for you, and 2 or more dependents (including your spouse). WEEKLY CONTRIBUTION (as of March 31, 2005)(Pre Tax through Cafeteria Plan)

Pay Groups Weekly Contribution

Pay Groups Weekly Contribution

Pay Groups Weekly Contribution

1A 17.10 S1A 18.48

1B 17.57 S1B 20.21 1R 16.85

2 24.25 S2 27.89 2R 20.96

3 25.59 S3 29.43 3R 22.33

4 27.20 S4 31.28 4R 23.96

Page 21: Newspaper Guild of New York • The New York Times · Company (WQXR), Electronic Media Company (Times Digital) and The Newspaper Guild of New York. Dear Member: The Board of Trustees

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 13

4T 24.31 S5 34.11 5R 24.84

5 29.66 S6 36.36 6R 25.76

5T 23.50 S7 38.39 7R 28.27

6 31.62 S8 40.64 8R 30.92

6T 32.02 S9 45.80 9R 33.70

7 33.38 H1A 20.09

7T 33.98 H1B 21.97

7i 23.46 H2 30.31

8 35.34 H3 31.99

8iA 35.34 H4 34.00

8iB 39.83 H5 37.07

9 39.83 H6 39.52

10A 45.99 H7 41.73

10B 45.99 H8 44.18

10C 45.99 H9 49.79

O 50.59

C1 17.92 IF YOU ARE AN ELIGIBLE RETIRED EMPLOYEE

Effective May 1, 2004, you will be required to make a monthly contribution as of the first of the month of 30% of the cost of medical premiums for benefit coverage as annually determined by the Fund actuary, unless you are under age 55 at retirement, in which case you pay 100% of the medical premiums. Participants who fail to make their contributions will have their benefits cancelled. If this occurs, you can reenroll, but first you must make up for all missed contributions.

A dependent of a deceased employee, who was covered immediately prior to the employee’s death, will continue to be covered for the 24-month period following death at no cost to the dependent, and in certain cases, may be eligible to elect an additional twelve months of continuation coverage. See page 60 for more details.

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PAGE 14 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

YOUR CHOICES—MEDICAL BENEFITS

When you enroll for medical benefits, you have two choices:

CHOICE Iß hospital coverage and major medical coverage through Empire

BlueCross BlueShield’s exclusive provider organization (EPO)

CHOICE IIß coverage through a Health Maintenance Organization (HMO).

You must select one of these two choices and complete the required enrollment forms. If you do not receive an enrollment form, please call the Fund Office at (212) 556-3526.

Each choice is described in this booklet. Please read about each choice before making a decision and share the information with your family.

Details of these choices begin below. See page 26 to learn which HMO serves the area where you live. Details of HMO coverage are provided in a separate booklet for each HMO offered under the Benefits Fund. Contact the Fund office at (212) 556-3526 to get an HMO schedule of benefits, which is free to participants and beneficiaries.

If you incur medical expenses outside the United States (while on vacation, for example), you are covered as if you were in the United States and as if you visited an out-of-network or non-participating provider. However, when filing a claim, translations to English and diagnostic codes consistent with American practice must be filed and claims must be filed in U.S. dollars.

CIGNA INTERNATIONAL EXPATRIATE BENEFITS (CIEB)(For employees living and working abroad)

Effective January 1, 2006, CIGNA International Expatriate Benefits (CIEB) will administer expatriate medical/dental/prescription plans for employees who are assigned to a foreign location. The benefit levels are comparable to the Guild-Times Benefits indemnity/EPO coverage and there are no deductibles or copayments. The CIGNA International benefits summary, provider directory, and account information is available to registered members at the secure Member Web site: www.cigna.com/expatriates.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 15

CHOICE I: HOSPITAL AND MAJOR MEDICAL

COVERAGE/EPO

When you are ill or injured, your Choice I “EPO” coverage work together to cover a significant portion of the cost of your treatment. An exclusive provider organization, commonly known as an “EPO,” is a medical care organization that provides benefits for most medically necessary services. An EPO gives you choice every time you receive care. You can go to a participating provider or to any other provider you choose. When you receive care from a participating provider, you are only responsible for a $15 co-payment — and there are usually no deductibles or claim forms to complete. If you go to a nonparticipating provider, you will receive benefits subject to the Plan’s deductibles (see the following section). You must submit a claim form to the Fund office when you go to a nonparticipating provider in order to receive reimbursement.

EPO coverage is currently available through Empire BlueCross BlueShield. Information from Empire regarding EPO coverage starts on page 17 and continues until page 24.

OUT OF NETWORK BENEFITS (MAJOR MEDICAL)

If you select Choice I but seek care outside of Empire’s network for medical expenses, you will be responsible for an annual deductible and co-pay charges. After you meet your annual deductible, the Plan pays for 80% of most usual, customary and reasonable (“UCR”) expenses for visits to a nonparticipating provider with respect to the next $10,000 in charges — you pay 20% plus any amount by which the provider’s charge exceeds UCR charges.

The Deductible

The deductible is the amount of money you pay each year before the plan begins to pay benefits for you or your covered dependents. The annual deductible for out of network expenses is:

ß $300 per person for yourself and one dependent, or

ß $750 for a family of three or more, with at least two people meeting the $300 individual deductible.

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PAGE 16 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65Expenses credited toward the deductible are also credited toward the out-of-pocket maximum each year.

Out-of-Pocket Maximum

After the deductible is met, the Plan will pay 80% of the next $10,000 in UCR expenses during the remainder of the year, so that out-of-pocket costs with respect to UCR out-of-network benefits will not exceed $2,300 for an individual (or $2,750 for a family). The Plan will then pay 100% for the remaining UCR expenses during the rest of the calendar year.

Under certain circumstances, the deductible is reduced or eliminated:

ß Deductible carryover. Covered charges that are incurred on or after October 1 that are applied to the current year’s deductible also count toward your deductible for the next year.

ß No deductible applies to a second surgical opinion to confirm a need for elective surgery, if the consultation is arranged through the Fund.

Note that in no case will the Plan cover more than $1 million in out-of-network expenses with respect to a single person over that person’s lifetime. Your Benefits At A Glance Empire’s EPO provides a broad range of benefits to you and your family. Following is a brief overview of your coverage.

When you see the telephone icon, you’ll know that you or your doctor will need to pre-certify these services with Empire’s Medical Management Program. In most cases, it is your responsibility to call. In some cases the provider or supplier of services needs to call.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 17

YOUR BENEFITS AT A GLANCE

HOME, OFFICE/OUTPATIENT CARE YOU PAY

HOME/OFFICE VISITS $15 co-payment per visit

SPECIALIST VISITS $15 co-payment per visit

CHIROPRACTIC CARE* $15 co-payment per visit

SECOND OR THIRD SURGICAL OPINION** $15 co-payment per visit

DIABETES EDUCATION AND MANAGEMENT $15 co-payment

DIAGNOSTIC PROCEDURES

$0ß X-rays and other imaging

ß Radium and Radionuclide therapy $0

ß MRIs/MRAs*** $0

ß Nuclear cardiology services *** $0

ß PET/CAT scans*** $0

ß Laboratory tests $0

SURGERY $0

PRE-SURGICAL TESTING $0

ANESTHESIA $0

CHEMOTHERAPY, RADIATION $0

KIDNEY DIALYSIS $0

SECOND OR THIRD MEDICAL OPINION FOR CANCER DIAGNOSIS

$15 co-payment per visit

CARDIAC REHABILITATION $15 co-payment

PREVENTIVE CARE YOU PAY

ANNUAL PHYSICAL EXAM $15 co-payment per visit

ß One per calendar year

DIAGNOSTIC SCREENING TESTS

ß Cholesterol: 1 every 2 years $0

ß Diabetes (if pregnant or considering pregnancy) $0

w Colorectal cancer $0

w Fecal occult blood test if age 40 or over: 1 per year

w Sigmoidoscopy if age 40 or over: 1 every 2 years

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PAGE 18 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

ß Routine Prostate Specific Antigen (PSA) in asymptomatic males

$0

w Over age 50-: 1 every year

w Between ages 40-49 if risk factors exist: 1 per year

w If prior history of prostate cancer, PSA at any age

ß Diagnostic PSA: 1 per year $0

WELL-WOMAN CARE

ß Office visits $15 co-payment per visit

ß Pap smears $0

ß Bone Density testing and treatment $0

ß Mammogram (based on age and medical history) $0

w Ages 35 through 39 – 1 baseline

w Age 40 and older – 1 per year

WELL-CHILD CARE

ß Office visits and associated lab services provided within 5 days of office visit

$0

w Newborn: 1 in-hospital exam at birth

w Birth to age 1: 7 visits

w Ages 1 through 2: 3 visits

w Ages 3 through 6: 4 visits

w Ages 7 up to 19th birthday: annual visits

ß Immunizations $0

EMERGENCY CARE YOU PAY

EMERGENCY ROOM $35 co-payment per visit (waived if admitted to the same hospital within 24 hours)

PHYSICIAN’S OFFICE $15 co-payment per visit

AIR AMBULANCE $0

ß Transportation to nearest acute care hospital for emergency inpatient admissions

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 19

AMBULANCE $0 up to the allowed amountß Local professional ground ambulance to nearest

hospital

MATERNITY CARE AND INFERTILITY TREATMENT

YOU PAY

PRENATAL AND POSTNATAL CARE(In doctor’s office)

$0

LAB TESTS, SONOGRAMS AND OTHER DIAGNOSTIC PROCEDURES

$0

ROUTINE NEWBORN NURSERY CARE(In hospital)

$0

OBSTETRICAL CARE (In hospital)

$0

INFERTILITY TREATMENT $0

OBSTETRICAL CARE(In birthing center)

$0

HOSPITAL SERVICES• YOU PAY

SEMIPRIVATE ROOM AND BOARD $0

ANESTHESIA AND OXYGEN $0

CHEMOTHERAPY AND RADIATION THERAPY $0

CARDIAC REHABILITATION $15 co-payment per outpatient visit

DIAGNOSTIC X-RAYS AND LAB TESTS $0

DRUGS AND DRESSINGS $0

GENERAL, SPECIAL AND CRITICAL NURSING CARE

$0

INTENSIVE CARE $0

KIDNEY DIALYSIS $0

PRESURGICAL TESTING $0

SERVICES OF LICENSED PHYSICIANS AND SURGEONS

$0

SURGERY (Inpatient and outpatient)•• $0

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PAGE 20 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

DURABLE MEDICAL EQUIPMENT AND SUPPLIES

YOU PAY

DURABLE MEDICAL EQUIPMENT(i.e., hospital-type bed, wheelchair, sleep apnea monitor)

$0

ORTHOTICS $0

PROSTHETICS (i.e., artificial arms, legs, eyes, ears)

$0

MEDICAL SUPPLIES (i.e., catheters, oxygen, syringes) $0

NUTRITIONAL SUPPLEMENTS••• (enteral formulas and modified solid food products)

$0

SKILLED NURSING AND HOSPICE CARE

YOU PAY

SKILLED NURSING FACILITYß Up to 60 days per calendar year

$0

HOSPICEß Up to 210 days per lifetime

$0

HOME HEALTH CARE YOU PAY

HOME HEALTH CARE

ß Up to 200 visits per calendar year (a visit equals 4 hours of care)

$0

ß Home infusion therapy $0

PHYSICAL, OCCUPATIONAL, SPEECH OR VISION THERAPY

YOU PAY

PHYSICAL THERAPY AND REHABILITATION

ß Up to 30 days of inpatient service per calendar year $0

ß Up to 30 visits combined in home, office or outpatient facility per calendar year

$15 co-payment per visit

OCCUPATIONAL, SPEECH, VISION THERAPY++

ß Up to 30 visits per person combined in home, office or outpatient facility per calendar year

$15 co-payment per visit

MENTAL HEALTH CARE YOU PAY

OUTPATIENT

ß Up to 20 visits per calendar year $25 co-payment per visit

INPATIENT

ß Up to 30 days per calendar year $0

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 21

ß Up to 30 visits from mental health care professionals per calendar year

$0

ALCOHOL OR SUBSTANCE ABUSE TREATMENT

YOU PAY

OUTPATIENT

ß Up to 60 visits per calendar year, including up to 20 visits for family counseling

$0

INPATIENT

ß Up to 7 days detoxification per calendar year $0

* It is the provider’s responsibility to call Empire for precertification of all in-network chiropractic care after the fifth visit.

** The co-payment is waived if the surgical opinion is arranged through Empire’s Medical Management Program.

*** It is the provider’s responsibility to call Empire for precertification of all in-network PET/ CAT scans, MRIs/ MRAs and Nuclear Cardiology services.

• Does not include inpatient or outpatient behavioral healthcare or physical therapy/rehabilitation. See the Coverage section for a description of these benefits. Outpatient hospital surgery and inpatient admissions need to be precertified.

•• For a second procedure performed during an authorized surgery through the same incision, Empire pays for the procedure with the highest allowed amount. For a second procedure done through a separate incision, Empire will pay the allowed amount for the procedure with the highest allowance and up to 50% of the allowed amount for the other procedure.

••• $2,500 limit for modified solid food products in any continuous 12-month period.

++ Vision therapy does not require precertification.

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PAGE 22 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65EMPIRE BLUE CROSS BLUE SHIELD EPO

ON THE INTERNETVisit www.empireblue.com.

BY TELEPHONE

WHAT WHY WHERE

MEMBER SERVICES For questions about your benefits, claims or membership

1-800-342-9816 TDD for hearing impaired: 1-800-241-68958:30 a.m. to 5:00 p.m. Monday – Friday

BLUECARD® PPO PROGRAM

Get network benefits while you are away from home.Locate a PPO provider outside Empire’s network service area

1-800-810-BLUE (2583) www.bcbs.com24 hours a day, 7 days a week

MEDICAL MANAGEMENT PROGRAM

Pre-certification of hospital admissions and certain surgeries, therapies, diagnostic tests and medical supplies

1-800-982-80898:30 a.m. to 5:00 p.m. Monday -– Friday

HEALTHLINE SM NURSE ACCESS AND RECORDED TOPICS

Speak with a specially trained nurse to get health information and instructions on how to listen to the tapes

1-877-TALK-2RN (825-5276)24 hours a day, 7 days a week

BEHAVIORAL HEALTHCARE MANAGEMENT

To locate a participating behavioral healthcare provider in your area .Precertification of mental health and alcohol/substance abuse care

1-800-626-3643 NON-EMERGENCY CARE8:30 a.m. to 5:00 p.m. Monday – FridayEMERGENCY CARE24 hours a day, 7 days a week

FRAUD HOTLINE Help prevent health insurance fraud

1-800-I-C-FRAUD (423-7283)9:00 a.m. to 5:00 p.m. Monday – Friday

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 23

IN WRITING Empire BlueCross BlueShield EPO Member Services P.O. Box 1407 Church Street Station New York, NY 10008-1407

COVERAGE FROM EMPIRE

WHERE TO FIND NETWORK PROVIDERS

To locate a provider in Empire’s operating area, visit www.empireblue.com. You can search for providers by name, address, language spoken, specialty and hospital affiliation. The search results include a map and directions to the provider’s office. Or, ask your Benefits Administrator to see Empire’s Provider Directory. You can also request that a directory be mailed to you free of charge by calling Member Services at 1-800-342-9816.

YOUR EPO BENEFITS OUT-OF-AREA

When you live or travel outside of Empire’s operating area, Empire’s EPO provides benefits through the following programs.

BlueCard® PPO Program

Nationwide, Blue Cross and Blue Shield plans have established Preferred Provider Organization (PPO) networks of physicians, hospitals and other healthcare providers. As an EPO member, you have access to these networks through the BlueCard PPO Program. By presenting your Empire I.D. card to a provider participating in the BlueCard PPO Program, you receive the same benefits as you would receive from an Empire network provider. The suitcase logo on your I.D. card indicates that you are a member of the BlueCard PPO Program. Call 1-800-810-BLUE (2583) or visit www.bcbs.com to locate participating providers.

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PAGE 24 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

BlueCard‚ Worldwide

Need emergency services when traveling outside the United States? The BlueCard Worldwide program provides coverage through an international network of hospitals, doctors and other healthcare providers. With this program, you’re assured of receiving care from licensed healthcare professionals. The program also assures that at least one staff member at the hospital will speak English, or the program will provide translation assistance.

PRESCRIPTION DRUG PROGRAM FOR ELIGIBLE ACTIVE EMPLOYEES

The Benefits Fund offers a prescription drug plan through Pharmacare. There are no claim forms and no deductibles, but you are responsible for a co-payment.

The Plan requires mandatory dispensing of generic drugs when available. If you elect to fill a brand name prescription and there is a generic alternative, you must pay the difference in price between the generic and brand name drug, plus the co-pay.

For brand-name drugs, the co-payment is the greater of 20% of the drug cost or $8. For generic drugs, the co-payment is the greater of 20% of the drug cost or $3. You must present your Pharmacare card to a participating pharmacist to be eligible for this benefit. If you go to a non-participating pharmacist, you will be reimbursed 20% of the average wholesale price of the drug you purchased.

For example, let’s say you purchase a brand name drug with a cost of $50 and the generic equivalent of which that costs $25. You would be responsible for paying the difference in price between the brand name and generic drug, or $25 ($50 - $25 = $25). The co-payment of the brand drug is 20% of $25 ($5) or $8 if greater. So, in this example your out of pocket expense is $33, $25 plus an $8 co-payment. If instead you had filled the prescription with the generic drug, you would have only paid $5 (the higher of a 20% co-payment or $3)

Choice I also offers a mail-order prescription drug plan through Pharmacare. Through this plan, a prescription can be filled up to a 90-day supply. Drugs categorized as maintenance drugs may only be filled twice at a pharmacy. Thereafter, all maintenance drugs must be filled through Pharmacare’s mail order plan at 2- ½ times retail co-pay for a 90 day supply.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 25

The prices for mail-order prescription drugs work as follows. For example, let’s say you order a 90-day mail order supply of a brand name prescription drug that costs (at retail) $25 for a 30-day supply. Normally, the co-pay would be $8 (because $8 is greater than 20% x $25 = $5) per 30-day supply. But under the special co-pay rules for mail order drugs, the co-pay for 3 months is $20.00 (2- ½ x $8), not $24 (3 x $8).

PRESCRIPTION DRUG BENEFITS FOR ELIGIBLE RETIREES:

The Benefits Fund also offers a prescription drug plan through Pharmacare for eligible retirees. The plan is identical to the Plan provided to active employees except that there is a $100 annual deductible for prescription drug benefits. The deductible is imposed in addition to any co-pays for which you are responsible.

EXPENSES NOT COVERED

In addition to the services specifically excluded in this booklet, Choice I of the Plan does not cover the services which are not listed in this SPD.

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PAGE 26 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

CHOICE II:COVERAGE THROUGH A HEALTH

MAINTENANCE ORGANIZATION (HMO)

A health maintenance organization, commonly called an “HMO,” is a medical care organization that provides hospital and medical coverage for almost all your health needs through the use of participating providers and affiliated hospitals. The Fund currently contracts with several HMOs. There are generally no deductibles and no claim forms to complete if you use the health care providers affiliated with your HMO. However, you must use HMO doctors and facilities to be covered.

The HMO option is not available in all areas. HMO coverage is currently available through:

ß HIP of New York www.hipusa.com (800) 447-8632

ß Horizon (NJ) www.horizon-bcbsnj.com (800) 355-2583

ß Empire BlueCross BlueShield HMO (NY, CT) www.empireblue.com (800) 662-5193

ß Care First Blue Choice (DC, VA, MD) www.carefirst.com (800) 296-5555

ß Keystone (PA) www.ibxpress.com (800) 275-2583

ß Blue Shield (CA) www.blueshieldca.com (800) 424-6521

ß Oxford Health Plan (NY, NJ, CT) www.oxfordhealth.com (800) 444-6222

ß BlueCross BlueShield Health Options (FL) (800) 955-3589

ß Harvard Pilgrim Health Care (MA, NH, ME, RI) www.harvardpilgrim.org (800) 848-9995

The Fund may add or delete HMOs as contracting parties.

Once a year, during the open enrollment period held each year from February 15th through March 15th , to be effective April 1st, you may change from one type of coverage to the other. You will receive a notice in advance of this period with information about the HMO’s available to you. Also, if

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 27

you need to change your HMO because you are moving and your HMO does not service the area to which you are moving, you may change your coverage election at any time up to the first of the month following the move. The Fund office can give you more information to help you identify the appropriate HMO. After you enroll, you will receive a separate booklet describing your HMO’s benefits.

HOSPITAL CARE

Hospital benefits include 365 days of inpatient care a year—including room, board and general nursing care—and full inpatient maternity care for both mother and child.

Call your HMO to see which hospitals you can choose from in your area. Your choice of hospitals may differ depending on the illness.

Emergency Care

If you have an emergency that requires immediate attention, you may go to any doctor and use any hospital. Examples of emergencies include sudden illness such as a heart attack or loss of consciousness or accidents that result in broken bones or severe bleeding. However, you must use a participating HMO doctor if you go to the hospital on a non-emergency basis; otherwise, your expenses will not be covered. Refer to your HMO booklet for a detailed explanation of which emergency situations are covered.

Are There Any Limitations to These Hospital Benefits?You must refer to the separate booklet describing your HMO’s limitations and restrictions, a free copy of which is available from the Fund office.

MEDICAL CARE

Although co-pays may apply, there is no additional charge to you for the services of doctors, surgeons, nurses, medical supplies and radiation therapy, as long as you follow the procedures set up by your HMO. Other services may carry a nominal fee. Please refer to your HMO booklet of benefits (available from the Fund Office free of charge) for information on co-pays and other fees and restrictions.

When you enroll in an HMO plan, you must select a participating HMO doctor to treat you for all outpatient care, except home visits. The doctor you

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65choose will be known as your primary care physician (PCP). Depending on the HMO you choose, your PCP may or may not be part of a medical group. Your HMO office can provide you with a list of participating doctors and/or medical groups in your area.

After joining, you will receive an identification card listing your name and address, the names of members of your family covered by the plan, your identification number, effective date, type of coverage, your PCP’s name and telephone number. This card is also used by hospitals in processing admissions.

How Do I Select My Primary Care Physician?

As soon as possible, you should call your HMO for advice on selecting a PCP. Do this before you get sick. Write down the name and always ask for an appointment with that doctor. When you wish to make an appointment for a physical examination, or whenever you are ill, call your doctor. He or she will refer you to all specialists. You can change your doctor by contacting your HMO.

May I See a Specialist?

Yes, but you must first contact your PCP for referral to a specialist. If you go to a specialist without a PCP referral, or if you see a nonparticipating specialist, your bills will not be covered.

BENEFITS AND SERVICES

Please refer to your HMO booklet for detailed information on benefits and services provided by your HMO. If you have a question or need assistance, call the Fund office or your HMO.

The following list of benefits and services are typically provided under most HMO options offered through the Fund. Only the benefits and services described in your HMO’s benefit booklet are provided under the Guild-Times Benefits Fund. Certain benefits and services listed below may not be provided under your HMO’s program of benefits. Please consult your HMO for information on any co-pays that may apply, as well as any limitations and restrictions. Contact the HMO directly for specific details about your coverage.

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 29

ß treatment of allergies, such as hay fever, skin conditions, asthma; there is typically no charge for serums

ß ambulance service when ordered by your PCP or a specialist referred by your PCP

ß anesthesia when given in treatment by an HMO doctor or for a covered emergency

ß doctor care: office visits, hospital visits, day and night home calls. Home calls are not available in some areas.

ß health care appliances (such as crutches and colostomy supplies). Typically, to be reimbursed, you must use a supplier that participates in the HMO, and the bill must be sent to your HMO for reimbursement.

ß immunization for polio, diphtheria, flu and other diseases

ß maternity: delivery, and care before and after birth

ß obstetrical/gynecological treatment for prevention and treatment of disorders

ß pediatrics: well-baby care, routine hospital newborn nursery care for healthy babies, as well as care for sick infants

ß outpatient physical therapy treatment to restore function to the muscles and tendons lost as a result of illness or injury

ß prescription drugs: When you present your card at a pharmacy that participates in your HMO, you will receive 100% reimbursement for prescription drugs (less a co-pay and deductible, if applicable). Contact your HMO or the Fund Office for the address of a participating pharmacy.

ß preventive care: General physical examinations at recommended intervals are covered. There is usually a waiting period; priority is given to care of the sick.

ß psychiatric care is limited to consultation and diagnosis with an HMO psychiatrist

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PAGE 30 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65ß surgical care, both in-and out-of-hospital, including second

surgical opinions are always available

ß MRI, MRA, x-ray and laboratory procedures if administered in a laboratory affiliated with the HMO.

ß hemodialysis for kidney failure, including

w rental or purchase of hemodialysis machines at a reasonable price through an HMO approved agency

w purchase of supplies through the agency for hemodialysis

w care in a qualified free-standing facility or member hospital is covered if home hemodialysis is impossible. The facility must be approved by your HMO.

ß home care: Part-time or intermittent home nursing care by or under the supervision of a registered nurse if:

w you are under the care of an HMO doctor who has approved a written plan for home care, the care is provided by a certified nonprofit or public home health service or agency approved by the HMO and you would otherwise require hospitalization or confinement in a skilled nursing facility

w part-time or intermittent home health aide services that consist primarily of caring for the patient. Up to four hours of such services equal one home care visit.

w physical, occupational or speech therapy

w medical supplies, drugs or medications prescribed by an HMO doctor, as well as laboratory services needed for treatment. Coverage for these items is the same as if you were a hospital inpatient. The services of medical social service workers and use of an ambulance or ambulate to or from the nearest appropriate hospital or medical group are covered when medically necessary.

ß skilled nursing facility care after a stay of at least three days in a hospital, when referred by an HMO doctor

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 31

ß Breast cancer surgery (lumpectomy, mastectomy). Because the Plan offers this benefit, under the Women’s Health and Cancer Rights Act of 1998, it must provide benefits for certain reconstructive surgery. Benefits for reconstructive breast surgery following a mastectomy will be provided on the same basis as other surgical procedures covered by the Plan, and include:

w reconstruction of the breast on which a mastectomy is performed,

w reconstructive surgery on the other breast to produce a symmetrical appearance

w breast prostheses and surgical bras following a mastectomy, and

w physical complications of any stage of mastectomy, including lymphedema.

You have the right to decide, in consultation with your physician, the length of hospital stay following mastectomy surgery.

Most HMOs cover expenses incurred outside the HMO’s service area only in the event of an emergency.

Please check with your HMO for your schedule of benefits and services. The schedule of benefits and services listed above is provided for general informational purposes only. Your HMO’s schedule of benefits and services will control in the event of a conflict between this booklet and the schedule.

WHAT MEDICAL CARE IS NOT COVERED?

The following services are not covered by most HMOs with whom the Fund has contracted. Please consult your HMO Benefits Booklet for exclusion and benefits that are not covered. Other services and benefits that are not listed may also be excluded from coverage.

ß cosmetic surgery, except reconstructive surgery after infection or because of congenital illness or in connection with breast cancer as described in the previous section.

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PAGE 32 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65ß custodial care in a long-term facility, rest home or home for the

aged

ß dental care and surgery. See “Dental Benefits” on page 33 for a description of available coverage through the Fund.

ß foot care, unless necessary because of a serious illness

ß hospital care in a nonmember facility in the HMO area

ß Workers’ Compensation cases, including any charges related to an illness or injury for which a settlement has been reached

ß optical benefits. See “Optical Benefits” on page 39 for a description of available coverage through the Fund.

ß sanitarium care for tuberculosis

ß special private-duty nursing not covered by home care benefits

ß spinal manipulation, unless ordered by an HMO doctor as necessary for the treatment of an injury or illness

ß technology including treatments, procedures, drugs, biologicals and medical devices that, in the Fund’s sole discretion, are not medically necessary in that they are experimental, investigational, obsolete or ineffective.

This section briefly summarizes some of the covered expenses under HMO coverage and general exclusions. Coverage will vary from HMO to HMO. Please contact the Fund office or your HMO for specifics of what is and what is not covered. Your HMO Booklet is controlling.

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DENTAL BENEFITS

The Fund will pay dental care benefits for you or your covered dependents whether your medical benefits are provided through Choice I (Empire) or through an HMO. Dental benefits do not require a separate enrollment.

You have two choices when a service is provided: (1) use your own dentist or (2) use a dentist on the panel of dentists and receive services at virtually no cost to you and your family.

There is a separate $2,500 maximum dental benefit per year for you and for each covered dependent. For example, if the Plan covers you, your spouse and two dependents, each covered person is subject to a $2,500 maximum dental benefit per calendar year.

USING YOUR OWN DENTIST

When you choose your own dentist, covered dental services will be paid based on scheduled rates. The Plan will never pay more than the charges usually made by the dentist for the dental service. For most services, the benefit will generally cover a portion, but not all, of your costs. If you wish to determine the cost of your dental treatment, your dentist can request a pretreatment estimate on a form provided by the Fund Office.

Sample Dental Benefits

Note that the following list of services is relatively technical and that two procedures may be involved at once. For example, prophylaxis (or cleaning) may be carried out on the same visit as x-rays, so two amounts may be payable. For further details, call the Fund Office.

Examination: One examination per every six month period.

X-rays:

ß Intraoral complete services (at least 14 films including bitewings, maximum once every three years)

ß Intraoral periapical (maximum, four a year), and

ß Bitewing (maximum, four a year)

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65Preventive: Cleanings once every six months (including scaling and polishing). For covered dependents under age 19, the Dental Plan also pays for two fluoride treatments per calendar year.

Restorative: Amalgam, acrylic, composite or plastic fillings

Endodontics: Root canal therapy treatment plan, clinical procedures and follow-up care and pulp capping

Periodontics: The annual maximum for periodontic treatment is $180 per covered person for services including gingivectomy, gingivoplasty, gingival curettage, root planing and osseous surgery.

Oral surgery: Extractions, alveoplasty, including local anesthesia and routine post-operative care

Crowns: One restoration every 36 months for full and partial gold, acrylic, porcelain or stainless steel crowns

Prosthodontics: The Plan pays benefits for full or partial dentures, bridgework, abutments and maintenance services. If you obtain a set of dentures under the Plan, you will need to wait at least three years before another set is covered by the Plan.

Orthodontics: Covered orthodontic services include initial examination and x-rays, appliances and active treatment, $1,500 lifetime maximum per covered person

USING A PANEL DENTIST

When you obtain services for preventive dentistry (e.g. examinations, cleaning, set of x-rays) and use a panel dentist, the plan will cover all of your costs. Other dental procedures provided by panel dentists are available at discounted rates, which should limit your out-of-pocket expenses. If you wish to determine the cost of your dental treatment, your dentist can request a pretreatment estimate on a form provided by the Fund Office.

The Fund office can give you (free of charge) names of dentists who participate on the panel. However, the Fund cannot provide a recommendation, since it does not endorse any particular dentist or the specific care they give you. If you have a dentist you like, ask him or her to consider becoming a panel dentist. The Fund office will provide details on request.

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WHAT EXPENSES ARE NOT COVERED?

Charges for the following dental services are not covered under the Dental Plan or are covered only to the extent stated:

ß cosmetic dentistry (dental services primarily to improve appearance) such as:

w alteration or extraction and replacement of sound teeth

w any treatment of the teeth to remove or lessen discoloration except in connection with endodontic treatment

w replacement of congenitally missing teeth, and

w all appliances and restorations for the purpose of splinting teeth, except A-splinting and provisional splinting in periodontal treatment.

ß fraud: The Fund will recover any money paid because of fraud or error.

ß services performed by a dentist who is related to you by blood or marriage

ß sealant, or acrylic coatings on the biting surfaces of teeth; or instruction in oral hygiene, plaque control or diet

ß dental services furnished by or paid for by any government agency

ß implantology (the insertion of metal posts into bone to support replacement of teeth or bridgework)

ß arising from an illness or injury on the job. These charges are usually covered under an Occupational Disease Law or the Workers’ Compensation Act or similar law.

ß procedures performed in the hospital or a doctor’s office, unless they are needed as a result of injury and if treatment is given within one year after the accident.

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PAGE 36 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65ß services that are not customarily performed, not reasonably

necessary or are experimental in nature

The next 2 exclusions are pre-existing condition exclusions and are subject to the Pre-existing Exclusion rules discussed below:

ß for initial installation of dentures or fixed bridgework for replacement of natural teeth, all of which were extracted within the 6 month period prior to your first day of coverage under the Plan, including:

w replacement of lost or stolen dentures or fixed bridgework

w replacement of existing dentures or fixed bridgework, or addition of teeth to existing dentures or fixed bridgework, unless: a) replacement or addition is needed to replace at least one natural tooth extracted while the patient has been covered under the plan; or b) the existing denture or fixed bridgework was installed at least five years before the replacement and cannot be made serviceable

ß treatment started within the 6 month period before your first day of coverage under the Plan, such as charges for:

w dentures, if the impression for the denture was taken before the patient was covered

w crown, bridge or gold restoration if preparation for the tooth began before the patient became covered

w root canal therapy if it began before the patient became covered under the Plan, and

w orthodontic treatment that is underway on the date coverage begins will be covered from that date forward, but not before.

The pre-existing condition limitations described above will apply for a period of 12 months (or in the case of a late enrollee 18 months) from the date coverage begins, reduced by creditable coverage as defined in the section below entitled “Pre-Existing Condition Exclusions.”

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Pre-Existing Condition Exclusions: Some group health plans restrict coverage for medical conditions present before an individual’s enrollment. These restrictions are known as “pre-existing condition exclusions.” A pre-existing condition exclusion can apply only to conditions for which medical advice, diagnosis, care, or treatment was recommended or received within the 6 months before your “enrollment date.” Your enrollment date is your first day of coverage under the plan, or, if there is a waiting period, the first day of your waiting period (typically, your first day of work). In addition, a pre-existing condition exclusion cannot last for more than 12 months after your enrollment date (18 months if you are a late enrollee). Finally, a pre-existing condition exclusion cannot apply to pregnancy and cannot apply to a child who is enrolled in health coverage within 30 days after birth, adoption, or placement for adoption.

If a plan imposes a pre-existing condition exclusion, the length of the exclusion must be reduced by the amount of your prior creditable coverage. Most health coverage is creditable coverage, including group health plan coverage, COBRA continuation coverage, coverage under an individual health policy, Medicare, Medicaid, State Children’s Health Insurance Program (SCHIP), and coverage through high-risk pools and the Peace Corps.

You can add up any creditable coverage you have, including the coverage shown on this certificate. However, if at any time you went for 63 days or more without any coverage (called a break in coverage) a plan may not have to count the coverage you had before the break. Therefore, once your coverage ends, you should try to obtain alternative coverage as soon as possible to avoid a 63-day break.

CLAIMS PROCEDURES

There are two different dental claim forms — one for care received from a panel dentist and one for care received from any other dentist. Obtain the appropriate claim form from the Fund office. Fill out the top portion and have the dentist fill out the bottom portion. The dentist should send the claim form to the address shown on the form. Claims for orthodontic services are filed differently. Consult the Fund office for the proper filing procedures.

When you have dental expenses, you should promptly submit the claim. Before benefits are paid, you may be asked for additional information, such as:

ß a dental chart showing work done before the treatment for which claim is made

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65ß x-rays, lab or hospital reports, or

ß cast molds, or other evidence of the dental condition or treatment.

If you would like to find out in advance what amount you will be reimbursed, have the dentist fill out the claim form indicating the dental services to be provided and check off the box at the top of the form marked “Dentist’s Pre-Treatment Estimate” and submit it to the Fund office. You will receive a statement indicating what amount will be covered. Note that participating in this procedure is entirely voluntary.

If a panel dentist treats you, payment will be sent directly to the dentist. If a non-panel dentist treats you, payment will be sent to you unless you choose (on the claim form) to assign the benefits to the dentist.

ARE DENTAL BENEFITS PAID AFTER COVERAGE ENDS?

Benefits will be paid if you or your dependents have one of the following covered expenses in the 30 days after your coverage ends:

ß a denture for which an impression was taken before coverage ended;

ß a crown, bridge, or gold restoration for which preparation of the teeth began before coverage ended, or

ß root canal therapy if it began before coverage ended.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

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OPTICAL BENEFITS

The Fund will pay optical benefits for you or your covered dependents whether your medical benefits are provided through Choice I (Empire) or through an HMO. Optical benefits do not require a separate enrollment.

HOW DOES THE PLAN WORK?

The two ways of using the optical benefits are described below.

Panel Opticians

The Fund office has a list of optical centers, private opticians and optometrists who have agreed to provide you with an eye examination (by an optometrist) and a basic pair of glasses without cost to you. However, there may be a charge for contact lenses, tinted lenses, or brand name frames. You can also get a list of participating opticians and an optical voucher at the Fund office.

Because New Jersey law prohibits private opticians and optometrists from providing eye examinations, for services in New Jersey, the Fund’s optical benefits are limited to eyeglasses only.

Individual Reimbursement

If you or your dependents have eligible expenses either through panel or non-panel opticians, you will be reimbursed up to $100 (per covered person) each calendar year. This benefit does not accumulate if you do not use it. To get reimbursed, submit an itemized bill with an optical expense claim form to the Fund office.

The following are eligible expenses:

ß Eye examination by an optometrist or an ophthalmologist

ß Replacement or repair of broken frames.

ß Purchase of prescription eyeglasses, including prescription sunglasses and contact lenses.

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PAGE 40 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65ARE ANY SERVICES NOT COVERED?

The following services are not covered:

ß vision expenses for covered services resulting from an on-the-job injury or from a disease for which benefits are payable under the Workers’ Compensation Act or a similar law

ß vision expenses for covered services in a hospital operated by the Federal government or for which you or your family would not be charged a fee

ß any doctor’s fees for treating an eye illness or injury. These expenses may be covered under your major medical plan/PPO or your HMO.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 41

LIFE INSURANCE BENEFIT

Life insurance is provided through the Union Labor Life Insurance Company. The life insurance benefit is a $10,000 policy on your life only. Your dependents are not eligible for coverage.

This benefit is provided at no cost to you.

You enroll by contacting the Fund office and completing an enrollment card and a beneficiary card. If both you and your spouse are eligible employees, you should both enroll.

You may change your beneficiary at any time by making the change on a form available at the Fund office and turning this form in to the Fund office.

Coverage ends when you leave employment or retire. However, if you are on disability leave, you may be able to maintain coverage (see page 43).

CONVERSION TO A PERSONAL LIFE INSURANCE POLICY

If your life insurance ends because your employment ends, or you are no longer eligible, you may convert your life insurance to a personal life insurance policy. To do so, you must, within 31 days after your group life insurance ends:

ß apply in writing to the insurance company, and

ß pay the required premium.

Under these conditions, you may not need a physical examination or other evidence of insurability. Your converted policy will be for the same amount you had under the group policy. If your insurance ends because the insurance company or the Fund terminates the policy, the maximum amount of coverage you can convert is the $10,000 amount you have under the Fund’s group policy; however, this amount will be reduced by the amount of any other life insurance for which you are eligible through your employer. For example, if you become covered by an $8,000 policy through a new employer, you can convert only $2,000 of the Fund’s group policy.

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PAGE 42 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65If you die during the 31-day conversion period, the insurance company will pay the amount of your life insurance to your beneficiary.

HOW PAYMENT IS MADE

Unless you or your beneficiary elect installment payments, payment will be made to your beneficiary or beneficiaries in a lump sum.

Payment will be made as follows:

ß if more than one beneficiary is named, each will be paid an equal share

ß if any named beneficiary dies before you, his or her share will be divided equally among the named beneficiaries who survive you

w if no beneficiary is named, or if no named beneficiary survives you, the executors or the administrators of your estate will receive the benefit. However, the insurance company may choose to pay your surviving relatives in the following order:

w the total to your surviving spouse; or

w if your spouse does not survive you, in equal shares to your surviving children; or

w if no child survives you, in equal shares to your surviving parents. If there is no named beneficiary pending settlement of your estate, the insurance company may pay up to $250 out of your insurance to the person who pays your burial expenses.

CLAIMING LIFE INSURANCE BENEFITS

When you die, your beneficiary will be sent a claim form. The completed claim form and a certified copy of your death certificate should be sent to the insurance company at the address shown on the claim form. When the claim is approved by the insurance company, the benefit will be sent to the address the beneficiary has specified.

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If a beneficiary is a minor who does not have a legal guardian, the insurance company may, until a guardian is appointed, pay the person caring for and supporting the minor up to $50 a month.

CONTINUATION OF LIFE INSURANCE DURING DISABILITY

If you are on a paid leave of absence for disability, your life insurance coverage will continue. You will also be covered for six months beyond the date you begin an unpaid disability leave. In addition to this extension, the insurance company may continue your coverage under the following disability provision:

If you become totally disabled while you are insured under this policy, and you provide proof of your disability to the insurance company within one year of your last day of active full-time work, the insurance company will:

w continue your insurance, and

w waive all premiums for your insurance. (The Fund normally pays your premiums.)

Total disability means a condition caused by accidental bodily injury or sickness that has existed continuously for at least nine months and that prevents you from doing any work for which you are or could become qualified by education, training or experience.

The insurance company may require satisfactory proof that your total disability continues, and may examine you at reasonable intervals in the first two years after receiving proof of total disability, and not more than once a year after that.

If you don’t submit proof of total disability or you refuse to be examined, then you will no longer qualify for an extension through the group, and you must apply for a conversion to a personal policy if you want coverage.

If you become totally disabled before the age of 60, your life insurance coverage ends when you reach age 65. If you become totally disabled after the age of 60, the extension of coverage ends five years after the date your disability began.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65You are then entitled to convert to a personal policy as of the date the extension of coverage stops. The amount of coverage may not be more than the coverage you had on the date the extension ended.

If the Fund terminates the policy while you are totally disabled, it does not affect any insurance in force under the terms of these provisions.

If you are no longer totally disabled and you return to work and become eligible again for this insurance, the Fund will again provide coverage to you.

If you are no longer totally disabled but do not return to a job that qualifies you for this insurance, your coverage ends as of the date your total disability ends. If you do not return to work, you are then entitled to convert your insurance to a personal policy in the amount of life insurance in force for you on the date your total disability ends.

If you die within one year after you become totally disabled without having been approved for the waiver of life insurance premium, your beneficiary can receive the value of your insurance.

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 45

ADDITIONAL EMPLOYEE BENEFITS THROUGH PAYROLL DEDUCTION

Additional employee life insurance benefits and extended disability benefits, (100% member paid) including Supplemental Term Life, Dependent Term Life, Voluntary Accidental Death and Dismemberment, and Long Term Disability are provided by the Prudential Insurance Company of America, are available on an individual basis through payroll deductions. Contact the Fund Office at (212) 556-3526 for a booklet describing these benefits in detail. Please be advised that the Fund merely serves as a means of obtaining information about such benefits and does not administer these benefits in any manner.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

IF YOU CONTINUE TO WORK AFTER AGE 65

If you continue to work after age 65 (when you become eligible for Medicare), you, your spouse and your eligible dependents are entitled to the same hospital, medical, dental, prescription drug and optical coverage as if you were under age 65; and you continue to be eligible for life insurance coverage.

Even though your primary coverage through the Fund continues, you may still apply for Medicare. When you apply for Social Security benefits, you automatically become eligible for Medicare Part A hospital coverage. Part A coverage is free. Medicare Part B coverage, for which you pay premiums, is voluntary so consider whether Part B really makes sense for you. While you remain actively employed, your benefits without Part B are as complete as those of employees under 65.

If you choose not to enroll in Medicare Part B at the time you reach age 65, you should, however, be sure to consider purchasing coverage immediately when you retire or lose coverage as an active employee. Failure to enroll within 7 months may result in delayed eligibility or premium penalties. At the time your coverage is no longer based on current employment status, Medicare becomes your primary health coverage, while this Plan becomes secondary if you are entitled to retiree coverage.

If you are age 65 or over when you retire, the Fund offers eligible retirees the opportunity to participate in a Plan whose benefits are supplementary to Medicare benefits—or to continue participation in a program through HIP if that is your HMO coverage when you retire. Details are provided in a separate booklet, which you may obtain free of charge by contacting the Fund Office.

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 47

WHEN DOES YOUR COVERAGE END?

Your medical, dental, optical and life insurance coverage generally ends on the last day of the month in which you are employed as a regular full-time or part-time employee—except medical coverage may continue for an eligible retired employee until you reach age 65, at which point you may become eligible for a medical program under the Plan which supplements Medicare benefits. A booklet explaining this program is available free of charge from the Fund Office. However, coverage may continue for some dental work already in progress. See page 38 for details.

Hospital, major medical, optical and dental coverage for your dependents ends on the earliest of the following events:

w your coverage ends

w your dependent is no longer eligible, or

w the Plan no longer covers dependents.

If you become disabled, or if you are on an approved leave of absence, benefits may continue for certain periods of time. See “Continuation of Coverage” on page 48.

If you go on an approved leave of absence in connection with the adoption of a child, coverage continues for up to six (6) months during an approved adoption leave of absence.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

CONTINUATION OF COVERAGE

Under certain circumstances, you, your dependents, or your survivors can continue coverage after eligibility ends, but you (or your survivor) will have to pay for the cost of this coverage. Read this section carefully. You may contact the Fund office for further details.

MEDICAL, DENTAL AND OPTICAL BENEFITS

You and your eligible dependents have the right, under a Federal law commonly known as COBRA, to continue group hospital, medical, dental and optical coverage for a limited period if this coverage ends for certain reasons called qualifying events.

You or the person being covered must pay a premium for this coverage—at group rates—plus a small administrative charge.

CONTINUATION COVERAGE RIGHTS UNDER COBRA

Introduction

This section contains important information about your right to COBRA continuation coverage, which is a temporary extension of coverage under the Plan. This section generally explains COBRA continuation coverage, when it may become available to you and your family, and what you need to do to protect the right to receive it.

The right to COBRA continuation coverage was created by a federal law, the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). COBRA continuation coverage can become available to you when you would otherwise lose your group health coverage. It can also become available to other members of your family who are covered under the Plan when they would otherwise lose their group health coverage. For additional information about your rights and obligations under the Plan and under federal law, please contact the Fund Office at (212) 556-3526.

What is COBRA Continuation Coverage?

COBRA continuation coverage is a continuation of Plan coverage when coverage would otherwise end because of a life event known as a “qualifying event.” Specific qualifying events are listed later in this section. After a

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qualifying event, COBRA continuation coverage must be offered to each person who is a “qualified beneficiary.” You, your spouse, and your dependent children could become qualified beneficiaries if coverage under the Plan is lost because of the qualifying event. Under the Plan, qualified beneficiaries who elect COBRA continuation coverage must pay for COBRA continuation coverage.

If you are an employee, you will become a qualified beneficiary if you lose your coverage under the Plan because either one of the following qualifying events happens:

ß Your hours of employment are reduced, or

ß Your employment ends for any reason other than your gross misconduct.

If you are the spouse of an employee, you will become a qualified beneficiary if you lose your coverage under the Plan because any of the following qualifying events happens:

ß Your spouse dies;

ß Your spouse’s hours of employment are reduced;

ß Your spouse’s employment ends for any reason other than his or her gross misconduct;

ß Your spouse becomes entitled to Medicare benefits (under Part A, Part B, or both); or

ß You become divorced or legally separated from your spouse.

Your dependent children will become qualified beneficiaries if they lose coverage under the Plan because any of the following qualifying events happens:

ß The parent-employee dies;

ß The parent-employee’s hours of employment are reduced;

ß The parent-employee’s employment ends for any reason other than his or her gross misconduct;

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65ß The parent-employee becomes entitled to Medicare benefits

(Part A, Part B, or both);

ß The parents become divorced or legally separated; or

ß The child stops being eligible for coverage under the plan as a “dependent child.”

Children who are born to or placed for adoption with a covered employee during the period of the employee’s continuation coverage also are qualified beneficiaries entitled to COBRA continuation coverage. Once the newborn or adopted child is enrolled in continuation coverage pursuant to the Plan’s rules, the child will be treated like all other qualified beneficiaries with respect to the same qualifying event. The maximum coverage period for such a child is measured from the same date as for other qualified beneficiaries with respect to the same qualifying event (and not from the date of the child’s birth or adoption). Furthermore, if you get married while receiving COBRA, you may add your spouse to your coverage.

If COBRA coverage ceases for you, your spouse or your dependent child(ren) before the end of the maximum 18, 29 or 36-month COBRA period, COBRA coverage will also end for the newly added dependents.

Loss of Other Group Health Plan Coverage

If, while you (the employee) are enrolled for COBRA Continuation Coverage your spouse or dependent loses coverage under another group health plan, you may enroll the spouse or dependent for coverage for the balance of the period of COBRA Continuation Coverage. The spouse or dependent must have been eligible but not enrolled in coverage under the terms of the pre-COBRA plan and, when enrollment was previously offered under the pre-COBRA plan and declined, the spouse or dependent must have been covered under another group health plan or had other health insurance coverage.

The loss of coverage must be due to exhaustion of COBRA Continuation Coverage under another plan, termination as a result of loss of eligibility for the coverage, or termination as a result of employer contributions toward the other coverage being terminated. Loss of eligibility does not include a loss due to failure of the individual or participant to pay premiums on a timely basis or termination of coverage for cause. You must enroll the spouse or dependent within 31 days after the termination of the other coverage. Adding a Spouse or Dependent Child may require that you switch from

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individual to family coverage and may cause an increase in the amount you must pay for COBRA Continuation Coverage.

Sometimes, filing a proceeding in bankruptcy under Title 11 of the United States Code can be a qualifying event. If a proceeding in bankruptcy is filed with respect to your employer, and that bankruptcy results in the loss of coverage of any retired employee covered under the Plan, the retired employee will become a qualified beneficiary with respect to the bankruptcy. The retired employee’s spouse, surviving spouse, and dependent children will also become qualified beneficiaries if bankruptcy results in the loss of their coverage under the Plan.

When is COBRA Coverage Available?

The Plan will offer COBRA continuation coverage to qualified beneficiaries only after the Fund office has been notified that a qualifying event has occurred. When the qualifying event is the end of employment or reduction of hours of employment, death of the employee, commencement of a proceeding in bankruptcy with respect to the employer, or the employee’s becoming entitled to Medicare benefits (under Part A, Part B, or both), the employer must notify the Fund office of the qualifying event.

You Must Give Notice of Some Qualifying Events

For all other qualifying events (divorce or legal separation of the employee and spouse or a dependent child’s losing eligibility for coverage as a dependent child), you (or your family member) must notify the Fund office within 60 days after the later of the date the qualifying event occurs or the date of the loss of coverage due to the qualifying event. You must provide this notice to:

Newspaper Guild of New York The New York Times Benefits Fund, Room 967 229 West 43rd Street New York, NY 10036, Attention: Fund Administrator

Please use an authorized form which can be obtained from the Fund office for this purpose. The employee or family member can provide notice on behalf of themselves as well as other family members affected by the qualifying event.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

How is COBRA Coverage Provided?

Once the Fund office receives notice that a qualifying event has occurred, COBRA continuation coverage will be offered to each of the qualified beneficiaries. Each qualified beneficiary will have an independent right to elect COBRA continuation coverage. Covered employees may elect COBRA continuation coverage on behalf of their spouses, and parents may elect COBRA continuation coverage on behalf of their children. The Fund office must receive from the qualified beneficiary notification of an election for continuation coverage (via an Election Form available through the Fund office) and receive the required premiums no later than 60 days after the loss of coverage due to the qualifying event.

How Long Does COBRA Continuation Coverage Last?

COBRA continuation coverage is a temporary continuation of coverage. When the qualifying event is the death of the employee, the employee’s becoming entitled to Medicare benefits (under Part A, Part B, or both), your divorce or legal separation, or a dependent child’s losing eligibility as a dependent child, COBRA continuation coverage lasts for up to a total of 36 months. When the qualifying event is the end of employment or reduction of the employee’s hours of employment, COBRA continuation coverage generally lasts for only up to a total of 18 months. However, when the qualifying event is the end of employment or reduction of the employee’s hours of employment, and the employee became entitled to Medicare benefits less than 18 months before the qualifying event, COBRA continuation coverage for qualified beneficiaries other than the employee lasts until 36 months after the date of Medicare entitlement. For example, if a covered employee becomes entitled to Medicare 8 months before the date on which his employment terminates, COBRA continuation coverage for his spouse and children can last up to 36 months after the date of Medicare entitlement, which is equal to 28 months after the date of the qualifying event (36 months minus 8 months).

There are two ways in which an 18-month period of COBRA continuation coverage can be extended.

Disability extension of 18-month period of continuation coverage

If you or anyone in your family covered under the Plan is determined by the Social Security Administration to be disabled and you notify the Fund office in a timely fashion in writing on an authorized form which you can

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obtain from the Fund office, you and your entire family may be entitled to receive up to an additional 11 months of COBRA continuation coverage, for a total maximum of 29 months. The disability would have to have started at some time before the 60th day of COBRA continuation coverage and must last at least until the end of the 18-month period of continuation coverage. You must give the Fund office notice of a disability by the end of the initial 18-month period of continuation coverage. Call the Fund office in order to receive the appropriate form.

Second qualifying event extension of 18-month period of continuation coverage

If your family experiences another qualifying event while receiving 18 months of COBRA continuation coverage, the spouse and dependent children in your family can get up to 18 additional months of COBRA continuation coverage, for a maximum of 36 months, if notice of the second qualifying event is properly given to the Plan. This extension may be available to the spouse and any dependent children receiving continuation coverage if the employee or former employee dies, or gets divorced or legally separated, or if the dependent child stops being eligible under the Plan as a dependent child, but only if the event would have caused the spouse or dependent child to lose coverage under the Plan has the first qualifying event not occurred.

Early Termination of Continuation Coverage

The law provides that continuation coverage may be cut short prior to the expiration of the applicable 18, 29 or 36-month period for any of the following five reasons:

1) The group health coverage provided to you is terminated (and the Fund is not required by COBRA to provide you with other group health coverage that it maintains, if any);

2) The premium for continuation coverage is not timely paid (within the applicable grace period);

3) The individual first becomes, after electing COBRA coverage, covered under another group health plan (as an employee or otherwise) that does not contain any preexisting condition exclusion or limitation applicable to the individual;

4) The individual becomes entitled to Medicare (under Part A, Part B, or both) after electing COBRA coverage; or

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 655) Coverage has been extended for up to 29 months due to

disability and there has been a final determination by the Social Security Administration that the individual is no longer disabled. In this case, coverage will end as of the month that begins more than 30 days after the date of such final determination. You are required to notify the Fund office within 30 days of such final determination.

Continuation coverage may also be terminated for any reason the Plan would terminate coverage of a participant or beneficiary not receiving continuation coverage (such as fraud).

How Can You Elect COBRA Continuation Coverage?

To elect continuation coverage, you must complete the Election Form and furnish it according to the directions on the form. Each qualified beneficiary has a separate right to elect continuation coverage. For example, your spouse may elect continuation coverage even if you do not. Continuation coverage may be elected for only one, several, or for all dependent children who are qualified beneficiaries. A parent may elect to continue coverage on behalf of any dependent children. You or your spouse can elect continuation coverage on behalf of all of the qualified beneficiaries.

Pre-existing Conditions

In considering whether to elect continuation coverage, you should take into account that a failure to continue your group health coverage will affect your future rights under federal law. First, you can lose the right to avoid having pre-existing condition exclusions applied to you by other group health plans if you have more than a 63-day gap in health coverage, and election of continuation coverage may help you not have such a gap. Second, you will lose the guaranteed right to purchase individual health insurance policies that do not impose such pre-existing condition exclusions if you do not get continuation coverage for the maximum time available to you. Finally, you should take into account that you have special enrollment rights under federal law. You have the right to request special enrollment in another group health plan for which you are otherwise eligible (such as a plan sponsored by your spouse’s employer) within 30 days after your group health coverage ends because of the qualifying events listed above. You will also have the same special enrollment right at the end of continuation coverage if you get continuation coverage for the maximum time available to you.

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Leave of Absence (LOA) and COBRA

If an employee is offered alternative health care coverage while on a LOA, and this alternate coverage is not identical in cost (there is an increase in premium), or benefits to the coverage in effect on the day before the LOA, then such alternate coverage does not meet the COBRA requirement, and is considered to be a loss in coverage requiring COBRA to be offered. If you reject the COBRA coverage, the alternative plan is considered to be a different group health plan and, as such, after expiration of the LOA, no COBRA offering is required under this Plan.

Note that if you elected alternative health care coverage while on a LOA, and your spouse or dependents later experienced a qualifying event (divorce, your death, etc.) before the LOA expired, your dependents would be able to elect COBRA.

How Much Does COBRA Continuation Coverage Cost?

Generally, each qualified beneficiary may be required to pay the entire cost of continuation coverage. The amount a qualified beneficiary may be required to pay may not exceed 102 percent (or, in the case of an extension of continuation coverage due to a disability, 150 percent) of the cost to the group health plan (including both employer and employee contributions) for coverage of a similarly situated plan participant or beneficiary who is not receiving continuation coverage.

WHEN AND HOW MUST PAYMENT FOR COBRA CONTINUATION COVERAGE BE MADE?

First payment for continuation coverage

If you elect continuation coverage, you do not have to send any payment with the Election Form. However, you must make your first payment for continuation coverage not later than 45 days after the date of your election. (The date your Election Form is post-marked will be used, if you decide to mail payment.) If you do not make your first payment for continuation coverage in full not later than 45 days after the date of your election, you will lose all continuation coverage rights under the Plan. You are responsible for making sure that the amount of your first payment is correct. You may contact the Fund office for this information.

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Periodic payments for continuation coverage

After you make your first payment for continuation coverage, you will be required to make periodic payments for each subsequent coverage period. Information about the amount due for each coverage period for each qualified beneficiary can be obtained from the Fund office. The periodic payments can be made on a monthly basis. Under the Plan, each of these periodic payments for continuation coverage is due on the first day of the calendar month for that coverage period. If you make a periodic payment on or before the first day of the coverage period to which it applies, your coverage under the Plan will continue for that coverage period without any break. The Plan will not send periodic notices of payments due for these coverage periods.

Grace periods for periodic payments

Although periodic payments are due on the dates shown above, you will be given a grace period of 30 days after the first day of the coverage period to make each periodic payment. Your continuation coverage will be provided for each coverage period as long as payment for that coverage period is made before the end of the grace period for that payment. However, if you pay a periodic payment later than the first day of the coverage period to which it applies, but before the end of the grace period for the coverage period, your coverage under the Plan will be suspended as of the first day of the coverage period and then retroactively reinstated (going back to the first day of the coverage period) when the periodic payment is received. This means that any claim you submit for benefits while your coverage is suspended may be denied and may have to be resubmitted once your coverage is reinstated.

If you fail to make a period payment before the end of the grace period for that coverage period, you will lose all rights to continuation coverage under the Plan.

Your first payment and all periodic payments for continuation coverage should be send to:

Newspaper Guild of New York – The New York Times Benefits Fund, Room 967 229 West 43rd Street New York, NY 10036 Attn: Fund Administrator

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If You Have Questions

Questions concerning your Plan or your COBRA continuation coverage rights should be addressed to the contact or contacts identified below. For more information about your rights under ERISA, including COBRA, the Health Insurance Portability and Accountability Act (HIPAA), and other laws affecting group health plans, contact the nearest Regional or District Office of the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) in your area or visit the EBSA website at www.dol.gov/ebsa. (Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA’s website.)

Keep Your Plan Informed of Address Changes

In order to protect your family’s rights, you should keep the Fund office informed of any changes in the addresses of family members. You should also keep a copy, for your records, of any notices you send to the Fund.

Plan Contact Information

Newspaper Guild of New York – The New York Times Benefits Fund Room 967 229 West 43rd Street New York, NY 10036 Attn: Fund Administrator (212) 556-3526

OTHER WAYS YOUR COVERAGE CAN CONTINUE

If you are on an authorized leave of absence, coverage continues as follows:

ß Pregnancy/Adoption leave. Benefits will continue during a six-month approved leave of absence for pregnancy/adoption. They will stop at the end of the six months. You should contact the Fund office immediately after you return to work. If you do not return to work, you must pay premiums equal to the cost of coverage for the period during which you were on leave.

ß Union leave. If you are an employee who is selected to hold full-time office either in the Newspaper Guild or the Newspaper Guild of New York, and you are granted a leave of absence from

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65The New York Times under Section 1, Subsections (b) and (c) of the Collective Bargaining Agreement between the Newspaper Guild of New York and The New York Times, benefits provided by the Fund (or equivalent benefits) will continue during the approved leave of absence. Employees on such a leave of absence will also be eligible for any new benefits provided to active employees. Medical benefits provided by the Fund are secondary to the existing benefits provided to any employee of the union. See “How Benefits Are Coordinated” page 64.

ß Military leave. Under the federal Uniformed Services Employment and Reemployment Rights Act (“USERRA”) of 1994, employers must grant unpaid military leave and continue to subsidize health care coverage for up to 31 days. If you go into active military service you can continue your medical and dental coverage during that period up to 31 days. If your active military service extends beyond 31 days, you may be able to continue your coverage at your own expense for up to 24 months (similar to COBRA continuation coverage). In addition, your dependent(s) may be eligible for health care coverage under the Civilian Health & Medical Program of the Uniformed Services (CHAMPUS). This Plan will coordinate coverage with CHAMPUS.

When you are discharged (not less than honorably) from active military duty, and you have served no more than 5 years in the military while employed by your employer, your full eligibility will be reinstated on the day you return to work with a participating employer, provided you return to work within:

1. 90 days from the date of discharge if the period of service was more than 180 days; or

2. 14 days from the date of discharge if the period of service was 31 days or more but less than 180 days; or

3. at the beginning of the first full regularly scheduled working period on the first calendar day following discharge (plus travel time and an additional eight hours if the period of service was less than 31 days).

If you are hospitalized or convalescing from an injury caused by active military duty, these time limits are extended for up to 2 years.

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Questions regarding your entitlement to this leave should be referred to your Employer.

Questions regarding the continuation coverage during leave should be referred to the Benefit Office.

Reinstatement of Coverage After Leaves of Absences

If your coverage ends while you are on an approved FMLA leave or USERRA military service and your cumulative periods of military service while employed do not last longer than five years, your coverage will be reinstated on the day you return to active employment (see the Military Leave section above for more details), subject to all annual and lifetime plan benefit maximums that were incurred prior to the leave of absence.

ß Other leaves. If you are on an unpaid approved leave of absence for any other reason than those referred to above, your eligibility will continue for three (3) months. Your eligibility may continue on a direct payment basis (you will be billed by the Fund at a discounted rate) for no longer than two years. If you are still on approved unpaid leave at the end of the two (2) year period, you may become eligible for COBRA coverage at that time.

ß Disability. If you should become disabled, all hospital and major medical benefits will continue for 24 months while you are on an approved leave of absence for disability (which coverage runs concurrently with COBRA). After the first 24 months of disability, your COBRA coverage extends benefits for another five months. These benefits will stop 29 months from the onset of your disability or the date your employer stops making contributions into the Fund on your behalf, whichever occurs later. This continuation of coverage rule also applies if you are receiving Workers’ Compensation benefits, except that the 29 months will be measured from the onset of your Workers’ Compensation benefits.

Optical, dental and life insurance benefits stop six months after contributions are no longer being made on your behalf. Life insurance benefits may be extended by the insurance company under certain circumstances. See “Life Insurance,” page 43.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65However, if you or a family member is totally disabled on the day your eligibility for health care insurance ends, the Plan will continue to pay major medical expenses resulting from the condition causing the disability until the earliest of the following:

ß the day you or a dependent becomes eligible for benefits under another group plan

ß the day the disability ends, or

ß December 31 of the calendar year following the date on which your coverage ends

Special rules apply in the following cases.

ß Death. If you should die while eligible for benefits, your eligible dependents will continue to be covered for hospital, medical, dental and optical benefits for two years after your death. This two-year (24-month) period is subtracted from the 36-month maximum continuation under COBRA (see page 48).

After the two-year period of coverage continuation under the Benefits Fund ends, your dependents may apply for up to one year of continuation of coverage under COBRA.

ß Separation Plan. If you are accepted into the Separation plan, and the employer continues contributions on your behalf, your benefits will continue for three months at no cost to you if you have 11 years or less of service. If you have more than 11 years of service, the continuation period is six months. The three- or six-month continuation period is subtracted from the 36-month maximum continuation under COBRA (see page 48).

ß Coverage for a student. A covered dependent student over age 19 who becomes ill and is unable to attend school may continue coverage until the end of the calendar year. However, if the illness begins in November or December and the student was enrolled for the next semester, coverage will continue through December 31 of the following year. The continuation period is subtracted from the 36-month maximum continuation under COBRA (see page 48)

.

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If during your period of continued coverage, you retire and are immediately eligible for a pension from the Newspaper Guild of New York-The New York Times Pension Plan, your benefits as an active employee will stop at that time. Please refer to the Retiree Booklet (available from the Fund Office) to determine if you are eligible for health coverage as a retiree 65 years or older.

CERTIFICATE OF CREDITABLE COVERAGE

When your Fund coverage ends, you and/or your dependents are entitled by law to, and will be provided with, a “Certificate of Creditable Coverage.” Certificates of Creditable Coverage indicate the period of time you and/or your dependents were covered under the Fund (including COBRA coverage), as well as certain additional information required by law. The Certificate of Creditable Coverage may be necessary if you and/or your dependents become eligible for coverage under another group health plan, or if you buy a health insurance policy within 63 days after your coverage under this Fund ends (including COBRA coverage). The Certificate of Creditable Coverage is necessary because it may reduce any exclusion for pre-existing condition periods that may apply to you and/or your dependents under the new group health plan or health insurance policy.

The Certificate of Creditable Coverage will be provided to you on behalf of yourself or your dependents:

ß on your request, within 24 months after your Fund coverage ends

ß when you are entitled to elect COBRA

ß when your coverage terminates, even if you are not entitled to COBRA

ß when your COBRA coverage ends.

A request for a Certificate of Creditable Coverage should be submitted to:

Newspaper Guild of New York The New York Times Benefits Fund Room 967 229 West 43rd Street New York, NY 10036 Attn: Fund Administrator

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65You should retain these Certificates of Creditable Coverage as proof of prior coverage for your new health plan. For further information, call Fund Administrator in the Fund Office at (212) 556-3526.

Right to get special enrollment in another plan. Under HIPAA, if you lose your group health plan coverage, you may be able to get into another group health plan for which you are eligible (such as a spouse’s plan), even if the plan generally does not accept late enrollees, if you request enrollment within 30 days. (Additional special enrollment rights are triggered by marriage, birth, adoption, and placement for adoption.)

ß Therefore, once your coverage ends, if you are eligible for coverage in another plan (such as a spouse’s plan), you should request special enrollment as soon as possible.

Prohibition against discrimination based on a health factor. Under HIPAA, a group health plan may not keep you (or your dependents) out of the plan based on anything related to your health. Also, a group health plan may not charge you (or your dependent) more for coverage, based on health, than the amount charged a similarly situated individual.

Right to individual health coverage. Under HIPAA, if you are an “eligible individual,” you have a right to buy certain individual health policies (or in some states, to buy coverage through a high-risk pool) without a pre-existing condition exclusion. To be an eligible individual, you must meet the following requirements:

ß You have had coverage for at least 18 months without a break in coverage of 63 days or more;

ß Your most recent coverage was under a group health plan (which can be shown by a certificate of creditable coverage);

ß Your group coverage was not terminated because of fraud or nonpayment of premiums;

ß You are not eligible for COBRA continuation coverage or you have exhausted your COBRA benefits (or continuation coverage under a similar state provision); and

ß You are not eligible for another group health plan, Medicare, or Medicaid, and do not have any other health insurance coverage.

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The right to buy individual coverage is the same whether you are laid off, fired, or quit your job.

ß Therefore, if you are interested in obtaining coverage and you meet the other criteria to be an eligible individual, you should apply for this coverage as soon as possible to avoid losing your eligible individual status due to a 63-day break.

State flexibility. This section describes minimum HIPAA protections under federal law. States may require insurers and HMOs to provide additional protections to individuals in that state.

For more information. If you have questions about your HIPAA rights, you may contact your state insurance department or the U.S. Department of Labor, Employee Benefits Security Administration (EBSA) toll-free at 1-866-444-3272 (for free HIPAA publications ask for publications concerning changes in health care laws). You may also contact the CMS publication hotline at 1-800-633-4227 (ask for “Protecting Your Health Insurance Coverage”). These publications and other useful information are also available on the Internet at: http://www.dol.gov/ebsa the DOL’s interactive web pages – Health Elaws, or http://www.ems.hhs.gov/hipaal.

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HOW BENEFITS ARE COORDINATED

You, your spouse and your other dependents may be covered through your respective employers by more than one group medical, dental or health insurance plan. In that case, benefits are coordinated between the plans so that you may receive up to—but not more than—l00% of the usual, customary and reasonable charges for which you submit claims.

Here is how it works. One plan is designated the primary plan, the other is secondary. The primary plan pays first. Then, the secondary plan pays a reduced amount that, when added to the benefits paid by the primary plan, may reach up to l00% of the usual, customary, and reasonable charge for a covered health care service in your geographical area. If a primary plan is “closed panel” (that means that you can only get benefits from participating providers) and you obtain benefits from a nonparticipating provider, the secondary plan is treated as a primary plan (except for emergency services or authorized referrals paid or provided by the primary plan).

Note that if the Plan is the secondary plan for you, you will not be covered for expenses which would have been covered by your primary plan but for your failure to follow claims procedures or obtain required precertification, and the Plan will be secondary if you fail to obtain a second surgical opinion of the primary plan requires such an opinion. Furthermore, the Plan will not cover the difference between a private and a semi-private room (unless one plan covers a primate room) nor will it cover amounts beyond those that are usual, customary and reasonable.

WHICH PLAN PAYS FIRST FOR YOU AND YOUR SPOUSE?

A plan that does not coordinate with other plans pays before a plan that does coordinate. In plans that do coordinate, the plan that covers you or your spouse as an employee rather than as a dependent always pays first.

If both you and your spouse are covered under this Plan and both are eligible for benefits, the one being billed for health care services should file the claim. For example, Carl and Carol are both covered as employees under this Plan. Carol has eye surgery, so she submits the claim under her coverage. Additional payment, if applicable, will be based on Carl’s coverage, but total payments cannot be more than 100% of covered charges.

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WHICH PLAN PAYS FIRST FOR YOUR CHILDREN?

If both plans coordinate benefits and, if you and your spouse are legally married, there are two ways of determining order of payment for your dependent children covered under both plans.

The plan of the parent whose birthday falls earlier in the year pays first, regardless of the year in which each parent was born.

For example, Jane, a covered employee under this Plan, was born on February 6. Her husband, John, who is covered under another employer’s plan, was born on December 2. Since Jane was born earlier in the year, this Plan pays first when they submit a claim for a dependent child.

If both parents share the same birthday, then the plan covering the parent for the longest time pays first.

In this example, Fred and Frieda were both born on April 25, but since Fred has been covered under his plan at work for five years, and Frieda has only been covered under her plan for two years, Fred’s plan pays first for their children’s claims.

However, when your spouse’s plan does not have to follow this “birthday rule,” then the order of payment for their children’s claims is father’s plan first and mother’s plan second.

If you and your spouse are legally separated or divorced, different rules govern order of payment of claims for your children.

First, a court decree may specify that one of you is primarily responsible for your children’s health care coverage in which case that person’s plan is primary if it has knowledge of the decree. If no such ruling exists, then the plan of the parent with custody of the child pays first; except when the parent with custody has remarried and the spouse of that parent also covers the child under a group plan, the order of payments by the respective plans is:

l. parent with custody;

2. spouse of parent with custody;

3. parent without custody.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65If the cases above do not apply, the plan that has covered the child the longest pays first.

How Does No-Fault Insurance Affect Coordination of Benefits?

If you or a dependent is injured in an automobile accident, send the claim first to your auto insurance carrier. Then submit a claim for any remaining amount to the Fund office.

Benefits normally payable to treat injuries from an automobile accident will be reduced so that these benefits plus no-fault benefits are not more than l00% of the covered expenses for such injuries.

The Guild-Times Benefits Fund will treat all participants as if they have medical coverage under their automobile insurance policy and will reject primary coverage on these claims. Payments made by the Benefits Fund for these claims will be coordinated with your automobile policy even if you have elected not to pay for this medical component.

REIMBURSEMENT AGREEMENT

Benefits payable by the Plan for the treatment of an illness or injury shall be limited in the following ways when the illness or injury is the result of an act or omission of another (including a legal entity) and when the participant or dependent pursues or has the right to pursue a recovery for such act or omission.

The Plan shall pay benefits for covered expenses related to such illness and injury only to the extent not paid by the third party and only after the participant or dependent (and his or her attorneys, if applicable) has entered into a written subrogation and reimbursement agreement with the Plan.

By accepting benefits related to such illness or injury, you agree:

ß that the Plan has established a lien on any recovery received by you (or your dependent, legal representative or agent);

ß to notify any third party responsible for your illness or injury of the Plan’s right to reimbursement for any claims related to your illness or injury;

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ß to hold any reimbursement or recovery received by you (or your dependent, legal representative or agent) in trust on behalf of the Plan to cover all benefits paid by the Plan with respect to such illness or injury and to reimburse the Plan promptly for the benefits paid, even if you are not fully compensated (“made whole”) for your loss;

ß that the Plan has the right of first reimbursement against any recovery or other proceeds of any claim against the other person (whether or not the participant or dependent is made whole) and that the Plan’s claim has first priority over all other claims and rights;

ß to reimburse the Plan in full up to the total amount of all benefits paid by the Plan in connection with the illness or injury from any recovery received from a third party, regardless of whether the recovery is specifically identified as a reimbursement of medical expenses. All recoveries from a third party, whether by lawsuit, settlement, insurance or otherwise, must be turned over to the Plan as reimbursement up to the full amount of the benefits paid.

ß that the Plan’s claim is not subject to reduction for attorney’s fees or costs under the “common fund” doctrine or otherwise;

ß that, in the event that you elect not to pursue your claim(s) against a third party, the Plan shall be equitably subrogated to your right of recovery and may pursue your claims;

ß to assign, upon the Plan’s request, any right or cause of action to the Plan;

ß not to take or omit to take any action to prejudice the Plan’s ability to recover the benefits paid and to cooperate

in doing what is reasonably necessary to assist the Plan in obtaining reimbursement;

ß to cooperate in doing what is necessary to assist the Plan in recovering the benefits paid or in pursuing any recovery;

ß to forward any recovery to the Plan within ten days of disbursement by the third party or to notify the Fund as to why you are unable to do so; and

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65ß to the entry judgment against you and, if applicable, your

dependent, in any court for the amount of benefits paid on your behalf with respect to the illness or injury to the extent of any recovery or proceeds that were not turned over as required and for the cost of collection, including but not limited to the Plan’s attorneys’ fees and costs.

No benefits will be payable for charges and expenses which are excluded from coverage under any other provision of the Plan. The Plan may enforce its right to reimbursement by filing a lawsuit, recouping the amount owed from a participant’s or a covered dependent’s future benefit payments (regardless of whether benefits have been assigned by a participant or covered dependent to the doctor, hospital or other provider), or any other remedy available to the Plan.

The Plan may permit you to turn over less than the full amount of benefits paid and recovered as it determines in its sole discretion. Any reduction of the Plan’s claim is subject to prior written approval by the Plan.

Example: A participant is injured in an accident in a grocery store and the accident was the store’s fault. If the Plan paid $1,000 in benefits to the participant due to injuries resulting from the accident and the participant was entitled to recover or did recover, due to a legal suit or settlement, any money from the store, the Plan would be entitled to receive up to $1,000 of such money as reimbursement for the benefits which it provided.

See below for an explanation of Empire’s subrogation rules.

In the event that you suffer an injury or illness for which another party may be responsible, such as, but not limited to, someone injuring you in an accident or medical malpractice, and we pay or provide benefits as a result of that injury or illness, we will be subrogated and succeed to your right of recovery against the party responsible for your illness or injury to the extent of the benefits we have paid or for the reasonable value of the services provided under your health care plan (the “benefits”). This means that we have the right independently of you, to proceed against the party responsible for your injury or illness to recover the benefits we have paid or provided.

In addition, we are also entitled to be reimbursed for the benefits we have paid or provided from a settlement or a judgment you receive from the party responsible for your illness or injury.

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PLAN ADMINISTRATION

Note that, before filing a claim for benefits under the Plan, you must exhaust your options under the procedures below.

CLAIM REVIEW PROCEDURES

If your claim for hospital, major medical, optical, dental or life insurance benefits is denied, in whole or in part, the Fund, Empire BlueCross BlueShield or HMO must tell you:

ß the specific reasons for the denial,

ß the exact plan provision(s) on which the decision was based,

ß what additional material or information is relevant to your case, and

ß what procedure you should follow to get your claim reviewed.

Specific claims procedures for Empire are spelled out on the following page and specific claims procedures for your HMO are spelled out in your HMO’s Benefits booklet, which is available free of charge from the Fund Office.

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EMPIRE – COMPLAINTS, APPEALS AND GRIEVANCES

COMPLAINTS

A complaint is a verbal or written statement of dissatisfaction where Empire is not being asked to review and overturn a previous determination. For example: You feel you waited too long for an answer to your letter to Empire. If you have a complaint about any of the healthcare services your plan offers, plan procedures or our customer service, call Member Services. Member Services may ask you to put your complaint in writing if it is too complex to handle over the telephone.

Empire BlueCross BlueShieldP.O. Box 1407Church Street StationNew York, NY 10008-1407Attention: Member Services

If your complaint, grievance or appeal concerns behavioral healthcare, call 1-800-635-6626 or write to:

Empire BlueCross BlueShieldP.O. Box 5110Grand Central StationNew York, NY 10163-5110Attention: Behavioral Healthcare Program

Provider Quality Assurance

Because your healthcare is so important, Empire has a Quality Assurance Program designed to ensure that our network providers meet our high standards for care. Through this program, we continually evaluate our network providers.

If you have a complaint about a network provider’s procedures or treatment decisions, share your concerns directly with your provider. If you are still not satisfied, you can submit a complaint at the above address. Empire will refer complaints about the clinical quality of the care you receive to the appropriate clinical staff member to investigate.We also encourage you to send suggestions to Member Services for improving our policies and procedures. If you have any recommendations on improving

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our policies and procedures, please send them to the Member Services address on the previous page.

Your Right to Appoint a Representative

You may appoint a representative to act on your behalf if you are not able to submit a complaint, grievance or appeal on your own. Call Member Services for a form. When completed forms are returned, we will note the name of your representative’s name on our files.

STANDARD INTERNAL APPEALS

An appeal is a request to review and change an adverse determination (i.e., denied authorization for a service) made by Empire’s Medical Management Program or Behavioral Health Management Program that a service is not medically necessary or is excluded from coverage because it is considered experimental or investigational.

Appeals may be filed by telephone or in writing.

Level 1 Appeals

A Level 1 Appeal is your first request for review of the initial reduction or denial of services. You have 180 calendar days from the date of the notification letter to file an appeal. An appeal submitted beyond the 180-calendar-day limit will not be accepted for review.

If the services have already been provided, Empire will acknowledge receipt of your appeal in writing within 15 calendar days from the initial receipt date.

Qualified clinical professionals who did not participate in the original decision will review your appeal.

We will make a decision within the following timeframes for 1st Level Appeals.

ß Precertification. We will complete our review of a precertification appeal (other than an expedited appeal) within 15 calendar days of receipt of the appeal.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65ß Concurrent. We will complete our review of a concurrent appeal

(other than an expedited appeal) within 15 calendar days of receipt of the appeal.

ß Retrospective. We will complete our review of a retrospective appeal within 30 calendar days of receipt of the appeal.

We will provide a written notice of our determination to you or your repre-sentative, and your provider, within two business days of reaching a decision.

If Empire’s Medical Management Program does not make a decision within 60 calendar days of receiving all necessary information to review your appeal, Empire will approve the service.

If you are dissatisfied with the outcome of your Level 1 Appeal, you have the right to file a Level 2 Appeal, or the right to file an External Appeal through the New York State Department of Insurance.

REMEMBER

A Level 1 Appeal submitted beyond the 180-calendar-day limit will not be accepted for review. A Level 2 Appeal submitted beyond the 60-business-day limit will not be accepted for review.

Expedited Level 1 Appeals

You can file an expedited Level 1 Appeal and receive a quicker response if:

ß You want to continue healthcare services, procedures or treatments that have already started

ß You need additional care during an ongoing course of treatment

ß Your provider believes an immediate appeal is warranted because delay in treatment would pose an imminent or serious threat to your health or ability to regain maximum function, or would subject you to severe pain that cannot be adequately managed without the care or treatment that is the subject of the claim.

Expedited Appeals may be filed by telephone and in writing.Please note that appeals of claims decisions made after the service has been provided cannot be expedited. When you file an expedited appeal, Empire will respond as quickly as possible given the medical circumstances of the case, subject to the following maximum timeframes:

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ß You or your provider will have reasonable access to our clinical reviewer within one business day of Empire’s receipt of the request.

ß Empire will make a decision within two business days of receipt of all necessary information but in any event within 72 hours of receipt of the appeal.

ß Empire will notify you immediately of the decision by telephone, and within 48 hours in writing.

If you are dissatisfied with the outcome of your Level 1 Expedited Appeal, you have exhausted all internal appeal options.

If Empire’s Medical Management Program does not make a decision within 2 business days of receiving all necessary information to review your appeal, Empire will approve the service.

Level 2 Appeals and Timeframes

If you are dissatisfied with the outcome of your Level 1 Appeal, you may file a Level 2 Appeal with Empire within 60 business days from the receipt of the notice of the letter denying your Level 1 Appeal. If the appeal is not submitted within that timeframe, we will not review it and our decision on the Level 1 appeal will stand. Appeals may be filed by telephone and in writing.We will make a decision within the following timeframes for 2nd Level appeals:

ß Precertification. We will complete our review of a precertification appeal within 15 calendar days of receipt of the appeal.

ß Concurrent. We will complete our review of a concurrent appeal within 15 calendar days of receipt of the appeal.

ß Retrospective. We will complete our review of a retrospective appeal within 30 calendar days of receipt of the appeal.

Resolving an External Appeal

A New York State Department of Insurance appeal agent will review your request and decide if the denied service is medically necessary and should be covered by Empire. The agent’s decision is final and binding on both you and Empire.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65The application will provide clear instructions for completion. Empire does not charge a fee for the filing of an external appeal. Send your external appeal application to the New York State Department of Insurance, as stated on the form. Do not send the application to Empire. You and your doctor must release all pertinent medical information about your medical condition and request for services.

Submit your appeal within 45 calendar days:

ß From the date you received the adverse determination from the Level 1 internal appeal.

ß From the date that you and Empire agree to waive Empire’s internal appeals process.

You will lose your right to an external appeal if you do not file an application for an external appeal within 45 days from your receipt of the final adverse determination from the first level internal plan appeal or the date Empire agreed to waive the internal appeal process.

If you have any questions regarding external appeals, please call Empire’s Medical Management Program at 1-800-553-9603. Note that the number only responds to inquiries about external appeals.

Standard External Review ProcessStandard external appeals will be decided according to thefollowing timeframes:

ß An external appeal agent must decide an external standard appeal within 30 calendar days of receiving your application for an external appeal.

ß Five additional business days may be added if the agent needs additional information.

ß If the agent determines that the information submitted is materially different from that considered by the plan, the plan will have three additional days to reconsider or affirm its decision.

ß You and the plan will be notified within two business days of the external review agent’s decision.

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LEVEL 1 GRIEVANCES

A grievance is a verbal or written request to review an adverse determination concerning an administrative decision not related to medical necessity. For example, a claim was denied because the member did not obtain precertification for services.

A Level 1 Grievance is your first request for review of Empire’s administrative decision. You have 180 calendar days from the receipt of the notification letter to file a grievance. A grievance submitted beyond the 180-calendar-day limit will not be accepted for review.

If the services have already been provided, Empire will acknowledge your grievance in writing within 15 calendar days from the date Empire received your grievance. The written acknowledgement will include the name, address, and telephone number of the department that will respond to the grievance, and a description of any additional information required to complete the review.

We will make a decision within the following timeframes for 1st Level Grievances:

ß Pre-service (services have not yet been rendered). We will complete our review of a pre-service grievance (other than an expedited grievance) within 15 calendar days of receipt of the grievance.

ß Post-service (services have already been rendered). We will complete our review of a post-service grievance within 30 calendar days of receipt of the grievance.

LEVEL 2 GRIEVANCES

If you are dissatisfied with the outcome of your Level 1 Grievance, you may file a Level 2 Grievance with Empire within 60 business days from receipt of the notice of the letter denying your Level 1 Grievance. If the Level 2 Grievance is not submitted within that timeframe, we will not review it and the decision on the Level 1 Grievance will stand. We will acknowledge receipt of the 2nd Level Grievance within 15 days of receiving the grievance. The written acknowledgement will include the name, address and telephone numbers of the department that will respond to the grievance. A qualified representative

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65(including clinical personnel, where appropriate) who did not participate in the Level 1 Grievance decision will review the Level 2 Grievance.

We will make a decision within the following timeframes for 2nd Level Grievances:

ß Pre-service. We will complete our review of a pre-service grievance within 15 calendar days of receipt of the grievance.

ß Post-service. We will complete our review of a post-service grievance within 30 calendar days of receipt of the grievance.

EXPEDITED GRIEVANCES

You can file an expedited Level 1 or Level 2 Grievance and receive a quicker response if a delay in resolution of the grievance would pose an imminent or serious threat to your health or ability to regain maximum function, or would subject you to severe pain that cannot be adequately managed without the care or treatment that is the subject of the claim.

Expedited Grievances may be filed by telephone and in writing. When you file an expedited grievance, Empire will respond as soon as possible considering the medical circumstances of the case, subject to the following maximum timeframes:

ß Empire will make a decision within 48 hours of receipt of all necessary information, but in any event within 72 hours of receipt of the grievance.

ß Empire will notify you immediately of the decision by telephone, and within two business days in writing.

DECISION ON GRIEVANCES

Empire’s notice of its Grievance decision (whether standard or urgent) will include:

ß The reason for Empire’s decision

ß The clinical rationale, if appropriate, and

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ß For Level 1 Grievances, instructions on how to file a Level 2 Grievance if you are not satisfied with the decision

HOW TO FILE AN APPEAL OR GRIEVANCE

To submit an appeal or grievance, call Member Services at 1-800-342-9816, or write to the following address with the reason why you believe the administrative decision was wrong. Please submit any data to support your request and include your member ID number and, if applicable, claim number and date of service.

The address for filing an appeal or grievance is:

Empire BlueCross BlueShieldAppeal and Grievance DepartmentP.O. Box 1407Church Street StationNew York, NY 10008-1407

HOW TO APPEAL (DENTAL, OPTICAL, LIFE INSURANCE)

You or your authorized representative have the right to apply for a review of a claim that is denied. You must do this, in writing, within 180 days after you receive or are eligible to receive the claim denial notice. Your review application may include any additional information that you wish to supply.

After receiving this application, the insurance company, HMO or the Board of Trustees will review your claim again. If you wish, you can also examine any documents the Plan Administrator has that concern your application, such as copies of the plan or special information relating to your claim.

DECISION ON REVIEW (DENTAL, OPTICAL, LIFE INSURANCE)

The Board of Trustees must make a final decision on your claim at its next regularly scheduled meeting, unless it received your request within 30 days of such meeting, in which case the Board will make a decision by the following meeting. However, if special circumstances arise and you are notified in writing in advance, an extension can be imposed such that the Board decision

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65will be made no later than the third meeting following the Board’s receipt of your request for review. The final decision must be in writing, clearly stating the reasons for the decision and the Plan or insurance policy provisions on which the decision was based.

If your claim is still denied, there are additional steps you can take if you believe your claim should be honored. (See “Your Rights Under ERISA,” page 102).

HOW TO FILE AN APPEAL WITH THE BOARD OF TRUSTEES

You may file an appeal with the Board of Trustees at the following address:

Newspaper Guild of New York – The New York Times Benefits FundRoom 967229 West 43rd StreetNew York, NY 10036Attn: Fund AdministratorTelephone: 212-556-3526

Remember that you may not file suit against any provider or the Plan until you have exhausted the available appeal options.

DELAYED BENEFITS

If benefit payments are delayed for any reason whatsoever, please be advised that you will not be entitled to interest on these payments as a result of the delay.

QUALIFIED MEDICAL CHILD SUPPORT ORDERS

Generally you may not assign your benefits to which you are entitled to any other person, creditor, or other third party. However, federal law requires group health plans to honor Qualified Medical Child Support Orders (“QMCSOs”). In general, QMCSOs are orders issued by a state court or state administrative agency requiring that medical coverage be provided under a plan for a child or children.

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A QMCSO may require the Fund to make coverage available to your child even though, for income tax or Fund purposes, the child is not your dependent due to divorce or legal separation. In order to qualify as a QMCSO, the medical child support order must be a judgment, decree or order (including approval of a settlement agreement) issued by a court of competent jurisdiction or by an administrative agency, which does the following:

w specifies your name and last known address, and the child’s name and last known address;

w provides a reasonable description of the type of coverage to be provided by the Fund, or the manner in which the type of coverage is to be determined;

w states the period to which it applies; and

w specifies each Plan to which it applies.

The QMCSO may not require the Fund to provide coverage for any type or form of benefit, or any option, not otherwise provided under the terms of the Plan.

Upon approval of a QMCSO, the Fund is required to pay benefits directly to the child, or to the child’s custodial parent or legal guardian, pursuant to the terms of the order to the extent it is consistent with the terms of the Plan.

You and the affected child will be notified if an order is received and will be provided with a copy of the Fund’s QMCSO procedures. A child covered under the Fund pursuant to a QMCSO will be treated as an eligible dependent under the Fund.

If you have any questions about this process, or if you would like a free copy of the procedures, please contact the Fund Office.

HIPAA PRIVACY PRACTICES FOR PERSONAL HEALTH INFORMATION

THIS SECTION DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65This notice describes how the Benefits Fund protects the personal health information it has about you which relates to your medical coverage (“Personal Health Information”), and how the Benefits Fund may use and disclose this information, but does not apply to any insurers, mail order pharmacies, hospitals or other health care providers from whom you may receive services as a Fund participant. Personal Health Information includes individually identifiable information which relates to your past, present or future health, treatment or payment for health care services. This notice also describes your rights with respect to the Personal Health Information and how you can exercise those rights. This notice also explains the Fund’s obligations and your rights regarding the use and sharing (known as disclosure) of your health information in connection with your medical benefits. Each individual receiving medical benefits from the Fund—whether as a participant or a participant’s dependent—has his or her own privacy rights.

The Benefits Fund is required to provide this Notice to you by the Health Insurance Portability and Accountability Act (“HIPAA”). For additional information regarding HIPAA Medical Information Privacy Policy or general privacy policies, please contact the Fund office, your HMO or Empire BlueCross BlueShield to learn about each organization’s policies. Empire’s policies are listed on page 70.

The Benefits Fund is required by law to:

w maintain the privacy of your Personal Health Information (i.e., any information that identifies you, including your name, address, date of birth, employee ID number and Social Security number, and that is linked to your past, present or future physical or mental health, the health care treatment that you have received, or payment for your health care);

w provide you this notice of the Benefits Fund’s legal duties and privacy practices with respect to your Personal Health Information; and

w follow the terms of this notice.

The Benefits Fund protects your Personal Health Information from inappropriate use or disclosure. The Fund’s employees and the employees of companies that help the Fund service your medical benefits are required to comply with the Fund’s requirements that protect the confidentiality of Personal Health Information. They may look at your Personal Health

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Information only when there is an appropriate reason to do so, such as to administer Plan services.

The Benefits Fund will not disclose your Personal Health Information to any one company for their use in marketing their products to you. However, as described below, the Fund or a provider may use and disclose Personal Health Information about you for business purposes relating to your medical coverage.

The main reasons for which the Benefits Fund may use and may disclose your Personal Health Information are to evaluate and process any requests for coverage and claims for benefits you may make or in connection with other health-related benefits or services that may be of interest to you. The following describe these and other uses and disclosures, together with some examples.

w For Treatment: Although the Fund does not provide treatment, the Fund may use or share your Personal Health Information in connection with the coordination or management of your health care treatment. For example, if in the event of an emergency, you are unable to give your doctor your medical history, the Fund may share that history (if known to the Fund) with an emergency room physician so that the physician can most appropriately provide services to you, unless you have previously notified the Fund’s Privacy Officer in writing that you do not want your information shared even in an emergency or in the event of your incapacitation.

w For Payment: The Benefits Fund may use and disclose Personal Health Information to pay for benefits under your medical coverage. “Payment” includes all activities in connection with processing claims for your health care (including billing, claims management, eligibility, coordination of benefits, adjudication of claims, subrogation, review for medical necessity and appropriateness of care and utilization review and preauthorizations). For example, the Fund may review Personal Health Information contained on claims to reimburse providers for services rendered.

w For Health Care Operations: The Benefits Fund and its insurance providers may also use and disclose Personal Health Information for their operations. These purposes include evaluating a request for medical products or services, administering those products or

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65services, and processing transactions requested by you. The Benefits Fund may also disclose Personal Health Information to Affiliates and to business associates, if they need to receive Personal Health Information to provide a service and will agree to abide by specific HIPAA rules relating to the protection of Personal Health Information. Examples of business associates are: billing companies, data processing companies, or companies that provide general administrative services. Personal Health Information may be disclosed to reinsurers for underwriting, audit or claim review reasons. Personal Health Information may also be disclosed by Empire BlueCross BlueShield as part of its potential merger or acquisition involving a business in order to make an informed business decision regarding any such prospective transaction.

w Reminders: The Fund may use your Personal Health Information to provide you with reminders. For example, the Fund may use your child’s date of birth to remind you that you may purchase COBRA continuation coverage for your child who would otherwise lose coverage under the Fund due to age or loss of student status.

w Treatment Choices: The Fund may use your Personal Health Information to inform you about treatment choices and alternatives.

w Disclosure to the Fund’s Service Providers: In additional to sharing your Personal Health Information with its insurance providers, the Fund may disclose your Personal Health Information to other outside organization so that the organizations may perform a service on behalf of the Fund (e.g., an auditor or accountant). Those service providers will sign agreements with the Fund requiring them to protect the privacy of your Personal Health Information and follow the Fund’s privacy practices.

w Disclosure to the Plan Sponsor: The Fund may provide your Personal Health Information to the Board of Trustees of the Guild-Times Benefits Fund, which serves as the plan sponsor for the Fund, for purposes related to the Fund’s payment and health care operations, including in connection with appeals that you file following a denial of benefit claim. In addition, any Trustee may receive your Personal Health Information if you request

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that such Trustee assist you in filing or perfecting your claims for benefits under the Fund. The Trustees may also receive your Personal Health Information if necessary for them to fulfill their fiduciary duties with respect to the Fund. When providing Personal Health Information to the Board of Trustees, the Fund will make reasonable efforts not to disclose more than the minimum necessary amount of Personal Health Information to achieve the particular purpose of the disclosure. In accordance with the Fund documents, the Board of Trustees has agreed that unless it has your written permission, it will not use or disclose your Personal Health Information: (1) other than as permitted in this notice or as required by law, (2) with respect to any employment-related actions or decision, or (3) with respect to any benefit plan other than the Fund’s health benefits plan.

In addition, the Fund may disclose “summary health information” to the Board of Trustees for obtaining premium bids or modifying, changing or ending the Fund’s health plan. Summary health information summarizes the claims history, claims expenses experienced under a group health plan, and does not include information that would identify any individual.

w Disclosure to Your Personal Representatives: The Fund may share your Personal Health Information with your personal representative in accordance with applicable state law (e.g., to a parent if you are an unemancipated child under 18, to those people with unlimited powers of attorney, etc.) Also, the Fund may send to the named participant an explanation of benefits (EOB) for all dependents covered by that participant. If you have family members, including your spouse, or close personal friends to whom you want the Fund office to disclose your Personal Health Information, you will need to notify the Fund’s Privacy Officer in writing using a form provided by the Fund, before the Fund will discuss your Personal Health Information with those individuals. If you have any friends or family members to whom you want the Fund’s insurance providers to disclose your Personal Health Information, you should contact such providers directly, using the contact information found later in this SPD.

w Where Required by Law or for Public Health Activities: The Fund will disclose Personal Health Information when required by federal, state or local law. Examples of such mandatory disclosures include notifying state or local health authorities

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65regarding particular communicable diseases, or providing Personal Health Information to a governmental agency or regulator with health care oversight responsibilities. The Fund may also release Personal Health Information to a coroner or medical examiner to assist in identifying a deceased individual or to determine the cause of death.

w To Avert a Serious Threat to Health or Safety: The Fund may disclose Personal Health Information to avert a serious threat to someone’s health or safety. The Fund may also disclose Personal Health Information to federal, state or local agencies engaged in disaster relief as well as to private disaster relief or disaster assistance agencies to allow such entities to carry out their responsibilities in specific disaster situations.

w For Health-Related Benefits or Services: The Fund may use Personal Health Information to provide you with information about benefits available to you under your current coverage or policy and, in limited situations, about health-related products or services that may be of interest to you.

w For Law Enforcement or Specific Government Functions: The Fund may disclose Personal Health Information in response to a request by a law enforcement official made through a court order, subpoena, warrant, summons or similar process. The Fund may also give your Personal Health Information to a health oversight agency for activities authorized by law, such as audits, investigations, inspections and legal actions. Oversight agencies that need this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.

w When Requested as Part of a Regulatory or Legal Proceeding: If you or your estate are involved in a lawsuit or a dispute, the Fund may disclose Personal Health Information about you in response to a court or administrative order. The Fund may also disclose Personal Health Information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the Personal Health Information requested. The Fund may disclose Personal Health Information to any governmental agency or regulator with whom you have filed a complaint or as part of a

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regulatory agency examination.

w Abuse or Neglect: The Fund may give your Personal Health Information to any public health authority authorized by law to receive information about abuse, neglect or domestic violence, if the Fund reasonably believes that you have been a victim of abuse, neglect or domestic violence. The Fund will notify you that it has released or will release your Personal Health Information for those reasons, unless telling you that it will be released could seriously hurt or harm you.

w Coroners, Funeral Directors, and Organ Donation: The Fund may give your Personal Health Information to a coroner or medical examiner for identification purposes, or other duties authorized by law. The Fund may also give your Personal Health Information to a funeral director, as authorized by law, in order to permit the funeral director to carry out his/her duties. If you are an organ donor, the Fund may also share your Personal Health Information for cadaveric organ, eye or tissue donation purposes.

w Research: The Fund is permitted to give your Personal Health Information to researchers when their research has been approved by an institutional review board or privacy board that has established policies to protect your privacy.

w Military Activity and National Security: When the appropriate conditions apply, the Fund may use or share Personal Health Information of individuals who are Armed Forces personnel: (1) for activities deemed necessary by military command authorities; or (2) to a foreign military authority if you are a member of that foreign military service. The Fund may also share your Personal Health Information with authorized federal officials conducting national security and intelligence activities.

w Workers’ Compensation: The Fund may share your Personal Health Information to comply with workers’ compensation laws and other similar state programs.

w Prisoners: If you are inmate of a correctional institution or under the custody of a law enforcement official, the Fund may disclose your Personal Health Information to the institution or official if the Personal Health Information is necessary for the institution

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65to provide you with health care; to protect you with health care; to protect the health and safety of you or others; or for the security of the correctional institution.

w Other Uses of Personal Health Information: Other uses and disclosures of Personal Health Information not covered by this section and permitted by the laws that apply to the Fund will be made only with your written authorization or that of your legal representative. If the Fund is authorized to use or disclose Personal Health Information about you, you or your legally authorized representative may revoke that authorization, in writing, at any time, except to the extent that the Fund has taken action relying on the authorization. You should understand that the Fund will not be able to take back any disclosures that the Fund has already made with authorization.

YOUR RIGHTS REGARDING PERSONAL HEALTH INFORMATION THE FUND MAINTAINS ABOUT YOU

The following are your various rights as a consumer under HIPAA concerning your Personal Health Information. Should you have questions about a specific right, please contact the Fund office, your HMO, or Empire BlueCross BlueShield.

w Right to Inspect and Copy Your Personal Health Information: In most cases, you have the right to inspect and obtain a copy of the Personal Health Information that the Benefits Fund maintains about you—including information about your plan eligibility, claims, claims and appeals records, and billing records. To inspect and copy Personal Health Information, you must submit your request in writing to the Benefits Fund at Newspaper Guild of New York – The New York Times Benefits Fund, 229 West 43rd Street, Room 967, New York, NY 10036, Attention: Fund Administrator. To receive a copy of your Personal Health Information, you may be charged a fee for the costs of copying, mailing or other supplies associated with your request.

w Right to Amend Your Personal Health Information: If you believe that your Personal Health Information is incorrect or that an important part of it is missing, you have the right to ask the Fund to amend your Personal Health Information while it is kept by or for the Fund. You must provide your request and your

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reason for the request in writing, and submit it to Newspaper Guild of New York – The New York Times Benefits Fund, Room 967, 229 West 43rd Street, New York, NY 10036, Attention: Fund Administrator. The Fund may deny your request if it is not in writing or does not include a reason that supports the request. In addition, the Fund may deny your request if you ask the Fund to amend Personal Health Information that:

w is accurate and complete;

w was not created by the Fund (in which case only the person who created the information may change it), unless the person or entity that created the Personal Health Information is no longer available to make the amendment

w is not part of the Personal Health Information kept by or for us; or

w is not part of the Personal Health Information which you would be permitted to inspect and copy.

w Right to a List of Disclosures: You have the right to request a list of the disclosures the Fund has made of Personal Health Information about you. This list will not include disclosure made for treatment, payment, health care operations, for purposes of national security, made to law enforcement or to corrections personnel or made pursuant to your authorization or made directly to you. To request this list, you must submit your request in writing to Newspaper Guild of New York – The New York Times Benefits Fund, 229 West 43rd Street, Room 967, New York, NY 10036, Attention: Fund Administrator. Your request must state the time period from which you want to receive a list of disclosures. The time period may not be longer than six years and may not include dates before April 14, 2003. Your request should indicate in what form you want the list (for example, on paper or electronically). The first list you request within a 12-month period will be free. The Fund may charge you for responding to any additional requests. The Fund will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65w Right to Request Restrictions: You have the right to request a

restriction or limitation on personal Health Information the Fund uses or discloses about you for treatment, payment or health care operations, or that the Fund discloses to someone who may be involved in your care or payment for your care, like a family member or friend. While the Fund will consider your request, the Fund is not required to agree to it and it may elect to disregard your request at any time. To request a restriction, you must make your request in writing to Newspaper Guild of New York – The New York Times Benefits Fund, 229 West 43rd Street, Room 967, New York, NY 10036, Attention: Fund Administrator. In your request, you must tell the Fund (1) what information you want to limit; (2) whether you want to limit use, disclosure or both; and (3) to whom you want the limits to apply (for example, disclosures to your spouse or parent). The Fund will not agree to restrictions on Personal Health Information uses or disclosures that are legally required, or which are necessary to administer the Fund. Furthermore, the Fund may share your Personal Health Information in violation of your request if it is needed to provide emergency treatment.

w Right to Request Confidential Communications: You have the right to request that the Fund communicate with you about Personal Health Information in a certain way or at a certain location if you tell the Fund that communication in another manner may endanger you. For example, you can ask that the Fund only contact you at work or by mail. To request confidential communications, you must make your request in writing to Newspaper Guild of New York – The New York Times Benefits Fund, 229 West 43rd Street, Room 967, New York, NY 10036, Attention: Fund Administrator and specify how or where you wish to be contacted. The Fund will accommodate all reasonable requests.

w Rights to File a Complaint: If you believe your privacy rights have been violated, you may file a complaint with the Fund’s Privacy Officer or with the Office of Civil Rights of the U.S. Department of Health and Human Services. To file a complaint with us, please contact Newspaper Guild of New York – The New York Times Benefits Fund, 229 West 43rd Street, Room 967, New York, NY 10036, Attention: Privacy Officer. All complaints must be submitted in writing. You will not be penalized for filing

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a complaint. If you have questions as to how to file a complaint please contact the Fund office.

w How to Use Any of These Rights: If you would like to use any of the above-described rights in connection with the information held by the Fund office, you must write a letter explaining your request and mail to the attention of the Fund’s Privacy Officer at Newspaper Guild of New York – The New York Times Benefits Fund, 229 West 43rd Street, Room 967, New York, NY 10036.

w Changes to the Fund’s Policy: The Fund reserves the right to change its privacy policies at any time and to make the revised policies effective for Personal Health Information the Fund already has about you, as well as any Personal Health Information the Fund receives in the future. The revised policies will be available to you upon request. The Fund will also mail out a description of its revised policies within 60 days of any material changes to such policies.

Further Information: You may have additional rights under other applicable laws. For additional information regarding the Fund’s HIPAA Medical Information Privacy Policy or the Fund’s general privacy policies, please contact the Fund office, Empire BlueCross BlueShield or your HMO.

ADDITIONAL OBLIGATIONS OF THE PLAN

With Respect to Your Personal Health InformationWhile HIPAA gives you certain rights with respect to your health information, and it also imposes certain obligations on the Plan. The following describes the ways your health information is protected under HIPAA, when that health information is disclosed to or used or disclosed by the Plan Administrator, in its capacity as the sponsor of one or more of the Company’s group health benefit plans. This information is referred to as “protected health information”.

In order for the Plan to disclose any protected health information to the Plan Administrator, the Plan Administrator must first provide documentation that the Plan documents have been amended to incorporate the following provisions and the Plan Administrator agrees to abide by these rules:

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65w The Plan will disclose protected health information to the Plan

Administrator only for the Plan Administrator to carry out “plan administration functions,” as such term is defined under the privacy regulations published under HIPAA (45 C.F.R. Parts 160 and 164) and within the requirements of HIPAA.

w The Plan Administrator will use or disclose protected health information only for plan administration functions as permitted or required by this Plan document or as required by law.

w The Plan will not disclose protected health information to the Plan Administrator unless the disclosures are explained in the Notice of Privacy Practices distributed to the Plan participants and beneficiaries.

w The Plan will not disclose protected health information to the Plan Administrator for the purpose of employment-related actions or decisions or in connection with any other benefit or employee benefit plan of the Plan Administrator, unless it receives the express written authorization of the Plan participant or beneficiary to do so.

w The Plan Administrator will not use or disclose protected health information for employment-related actions or decisions or in connection with any other benefit or employee benefit plan of the Plan Administrator, unless it receives the express written authorization of the Plan participant or beneficiary to do so.

w The Plan Administrator will only disclose protected health information to an agent or subcontractor if the agent agrees to the same restrictions and conditions included in this Plan document with respect to the use or disclosure of protected health information.

w The Plan Administrator will report to the Plan any use or disclosure of protected health information that is inconsistent with the uses and disclosures allowed under this Plan documents of which it becomes aware.

w The Plan Administrator will make protected health information available to the Plan participant or beneficiary who is the subject of the information to the extent required by and in accordance with 45 Code of Federal Regulations § 164.524.

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w The Plan Administrator will make protected health information available for amendment, and will amend protected health information to the extent required by and in accordance with 45 Code of Federal Regulations § 164.526.

w The Plan Administrator will track disclosures it may make of protected health information so that it can make available the information required for the Plan to provide an accounting of certain types of disclosures of protected health information in accordance with 45 Code of Federal Regulations § 164.528.

w The Plan Administrator will make available to the Plan and the U.S. Department of Health and Human Services its internal practices, books and records, relating to its use and disclosure of protected health information it receives in its capacity as the sponsor of the Plan to determine the Plan’s compliance with 45 Code of Federal Regulations Parts 160 and 164.

w The Plan Administrator will, if feasible, return or destroy all protected health information received by the Plan in whatever form or medium (including in any electronic medium under the Plan Administrator’s custody or control) when protected health information is no longer needed for the Plan administration functions for which the disclosure was made. This includes all copies of any data or compilations derived from and allowing identification of any participant or beneficiary who is the subject of the protected health information. If it is not feasible to return or destroy all of protected health information, the Plan Administrator will limit the use or disclosure of any protected health information it cannot feasibly return or destroy to those purposes that make the return or destruction of the information infeasible.

The following employees or classes of employees or other workforce members under the control of the Plan Administrator may be given access to protected health information received from the Plan or a health insurance issuer or business associate servicing the Plan:

w Privacy Officer

w Benefits Fund Director

w Medical Department

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65w Fund’s Board of Trustees

w Fund’s Accounting Department

This list includes every employee or class of employees or other workforce members under the control of the Plan Administrator who may receive protected health information relating to Plan administration functions in the ordinary course of business on behalf of the Plan Administrator.

w The employees, classes of employees or other workforce members identified above will have access to protected health information only to perform the plan administration functions that the Plan Administrator provides for the Plan.

The employees, classes of employees or other workforce members identified above will be subject to disciplinary action and sanctions, up to and including termination of employment or affiliation with Plan Administrator, for any use or disclosure of protected health information in non-compliance with the provisions of this Plan document. The Plan Administrator will impose appropriate disciplinary action or sanctions on each employee or other workforce member causing the non-compliance and will work to mitigate any harmful effect of the non-compliance on any participant or beneficiary, whose privacy has been violated.

ELECTRONIC HEALTH INFORMATION

There are also some special rules related to “electronic health information.” Electronic health information is generally protected health information that is transmitted by, or maintained in, electronic media. “Electronic media” includes electronic storage media, including memory devices in a computer (such as hard drives) and removable or transportable digital media (such as magnetic tapes or disks, optical disks and digital memory cards). It also includes transmission media used to exchange information already in electronic storage media, such as the internet, an extranet (which uses internet technology to link a business with information accessible only to some parties), leased lines, dial-up lines, private networks and the physical movement of removable/transportable electronic storage media.

w No later than April 21, 2005, the Board of Trustees will take additional action with respect to the implementation of security measures (as defined in 45 CFR § 164.304) for electronic protected

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health information. Specifically, the Board of Trustees will:

w Implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic protected health information that it creates, receives, maintains, or transmits on behalf of the Plan.

w Ensure that the adequate separation required to exist between the Plan and the Board of Trustees is supported by reasonable and appropriate administrative, physical and technical safeguards in its information systems.

w Ensure that any agent, including a subcontractor, to whom it provides electronic protected health information agrees to implement reasonable and appropriate security measures to protect that information.

w Report to the Plan if it becomes aware of any attempted or successful unauthorized access, use disclosure, modification or destruction of information or interference with system operations in its information system.

INTERPRETING THE PLAN

The Board of Trustees, and any person or persons it designates, has the exclusive right, power, and authority, in its sole discretion to administer, apply and interpret the Plan, including this booklet and any other Plan documents, and to decide all matters that arise in the operation and administration of the Fund.

Without limiting the generality of the foregoing, the Board of Trustees, and its designates, have the sole and absolute authority to:

w Take all actions and make all decisions related to eligibility for, and the amount of, benefits under the Plan;

w Formulate, interpret and apply rules, regulations and policies necessary to administer the Fund in accordance with the terms of the Plan;

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65w Decide questions (both legal and factual) related to eligibility

and the calculation and payment of benefits, and any other issues arising under the Plan;

w Resolve and/or clarify any ambiguities, inconsistencies and omissions arising under the official Plan documents including this booklet or other Plan documents;

w Approve or deny benefit claims; and

w Determine the standard of proof required in any case.

Please note that this list is for illustration purposes only and is not meant to be exhaustive of the types of determinations and interpretations under the control of the Board of Trustees or its designates.

Any and all determinations and interpretations made by the Board of Trustees or its designees are final and binding on all participants, beneficiaries and any other individuals claiming benefits under the Fund.

IF THE PLAN ENDS/CHANGES IN THE PLAN

The Board of Trustees intends to continue the Plan described in this booklet indefinitely. Nevertheless, the Board reserves the right to end the Plan or amend it, subject to the provisions of the collective bargaining agreement. If the Plan is amended, modified or terminated, in whole or in part, the ability of participants and dependents (including retirees, both present and future) to participate in the Plan and/or to receive benefits thereunder, as well as the type and amount of benefits provided under the Plan, may be modified or terminated.

Among other things, this shall empower the Board of Trustees to do the following:

w Change the eligibility rules;

w Diminish the amounts of benefits;

w Increase deductibles or coinsurance;

w Eliminate particular types of benefits;

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w Substitute certain benefits for others;

w Impose or decrease maximums on the amount of benefits payable; and

w Require contributions or increase contributions from participants and beneficiaries as a condition of eligibility.

All benefits provided under the Plan and eligibility rules for participants and dependents, including without limitation those available to retirees:

w Are not guaranteed;

w May be changed or discontinued by the Board of Trustees at any time, in its sole and absolute discretion;

w Are subject to the rules and regulations adopted by the Board of Trustees; and

w Are subject to the Trust Agreement that establishes and governs the Plan’s operations, the collective bargaining agreements and the Plan’s contracts with the applicable insurance companies or other providers.

Under no circumstances will any person obtain a vested or non-forfeitable right to receive, directly or indirectly, any benefits provide by, or assets of, the Plan.

Without limiting any other Plan provision for the discontinuance of coverage, your coverage under the Plan will be terminated when the Plan terminates or when you are no longer eligible to receive benefits under the Plan, whichever occurs first.

If the Plan ends, the Board of Trustees will apply any unused reserves to provide benefits or otherwise carry out the purpose of the Plan in an equitable manner.

At no point may your benefits hereunder be pledged to any creditor, third-party or otherwise be alienated.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65FRAUD AND RECOVERY RULE

The Trustees have the right to ask you to furnish information reasonably required to determine your benefit rights and your dependent’s benefit rights.

If you willfully make a false statement or furnish fraudulent information or proof for yourself or a dependent, you may be suspended from all coverage for yourself and your dependents. In addition, no benefits will be paid during the period of suspension (except for any disability benefits in New York and New Jersey).

The Trustees have the right to recover any benefit payments by any means, including without limitation, offset of future benefits, that were made in reliance on any false or fraudulent statement, information or proof submitted by a participant, dependent or beneficiary. The Trustees retain this right to recover any benefit payments even if the Fund’s clerical error was a factor in making the benefit payments.

OTHER IMPORTANT FACTS ABOUT THE BENEFITS FUND

The following information will help you properly identify your Plan document if you have any questions about your benefits.

This is a welfare benefit plan administered by a joint labor-management board of trustees. The Plan Administrator (the Board of Trustees) establishes the Plan’s rules and regulations, interprets the Plan and is otherwise responsible for the Plan’s operation.

Certain administrative services with regard to the processing of claims and payment of benefits are provided to the Fund through the following:

Major Medical and Hospital claims are administered by:

Empire BlueCross BlueShieldP.O. Box 1407Church Street StationNew York, NY 10008-1407

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Prescription drug coverage is administered by:

Pharmacare695 George Washington HighwayLincoln, RI 02865

Dental, optical and out-of-network major medical benefits are administered by the Fund.

HMO coverage is provided by the following:

HIP – Health Insurance Plan of Greater New Yorkwww.hipusa.com 7 West 34th StreetNew York, NY 10001800-447-8632

HMO BLUE – (Horizon) (NJ) www.horizon-bcbsnj.com 3 Penn Plaza EastMail Station PPO5DNewark, NJ 07105800-355-2583

EMPIRE BC (NY, CT) www.empireblue.com 11 West 42nd Street New York, NY 10036800-662-5193

OXFORD HEALTH PLAN (NY, NJ, CT) www.oxfordhealth.com 1133 Avenue of the AmericasNew York, NY 10036800-444-6222

CARE FIRST BLUE CHOICE (DC, VA, MD) www.carefirst.com 505 S. 12TH Street, SWWashington, DC 20065800-296-5555

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65HARVARD & PILGRIM HEALTH PLAN (MA, ME, NH, RI) 97 Worcester StreetWellesley, MA 02481800-848-9995

KEYSTONE HEALTH PLAN EAST (PA) www.ibxpress.com 1901 Market Street – 37th FlPhiladelphia, PA 19103800-275-2583

BLUE SHIELD OF CALIFORNIA (CA) www.blueshieldca.com 50 Beale Street, 20th FloorSan Francisco, CA 94105800-424-6521

HEALTH OPTIONS, INC. BC/BS (FL) 8928 Freedom Commerce PkwyFCC 1-2Jacksonville, FL 32256800-955-3589

Coverage for employees living and working outside of the United States is administered by:

CIGNA International Expatriate Benefits (CIEB)www.cigna.com\expatriates590 Naamans RoadClaymont, DE 19703800-441-2668

Life Insurance is provided through an insurance policy with and administered by:

Union Labor Life Insurance Company360 Park Avenue SouthNew York, NY 10010

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Employee paid, supplemental Life insurance is provided through an insurance policy with and administered by:

The Prudential Insurance Company of America751 Broad StreetNewark, NJ 07102

Plan Sponsor: Guild of New York The New York Times Benefits Fund229 West 43rd Street, Room 967New York, NY 10036 (212) 556-3526

Employer IdentificationNumber (EIN)Assigned by the Internal Revenue Service: 13-3094045

Plan Number: 501

Type of Plan: Welfare

Plan Administrator: The Board of Trustees

Fund Manager: Fund Administrator

Type of Administration: All benefits are issued through contracts with insurance companies, except the major medical benefit, the dental benefit and the optical benefit, which are self-insured, and certain medical/hospital coverage, which is provided by several different HMOs.

Agent for Service

Legal Process: The Board of Trustees is the agent for service of legal process.

Plan Trustees: Correspondence or inquiries addressed to all Trustees may be sent to: Newspaper Guild of New York -The New York Times Benefits Fund Room 967 229 West 43d Street New York, NY 10036 (212) 556-3526

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PAGE 100 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

The Trustees are:

Union TrusteesNeil Lewis1627 I Street NWWashington, DC 20006

Employer TrusteesCharlotte Behrendt229 West 43rd StreetNew York, NY 10036

Barry F. Lipton1501 Broadway, Room 708New York, NY 10036

Jay McKillop229 West 43rd StreetNew York, NY 10036

William O’Meara1501 Broadway, Room 708New York, NY 10036

Robert Nusspickel229 West 43rd StreetNew York, NY 10036

Sam Weiss229 West 43rd StreetNew York, NY 10036

Corinne Osborn229 West 43rd StreetNew York, NY 10036

Plan Year: July 1 to June 30 (Fund’s fiscal year)

Legal Counsel: O’Dwyer & Bernstien52 Duane StreetNew York, NY 10007

Proskauer Rose LLP1585 BroadwayNew York, NY 10036

Collective bargaining agreement and plan funding.

The Fund was established under the terms of collective bargaining agreements between The New York Times and the Newspaper Guild of New York, between Times Digital and the Newspaper Guild of New York, between Electronic Media Company and the Newspaper Guild of New York, and between WQXR and the Newspaper Guild of New York. The current agreements expire on March 30, 2011. These agreements require contributions from the employers to the Fund. You can obtain for yourself or review in person a copy of the agreements by written request to the Plan Administrator at the Fund office, The New York Times, WQXR, Times Digital, Electronic Media Company, or the Newspaper Guild of New York. You may also ask the Fund for a free list of contributing employers.

These contributions are made to a qualified tax-exempt trust fund. This money is reserved for payments on behalf of Plan participants and for reasonable administrative expenses. It cannot be used for any other purpose and it cannot be withdrawn by either the employers or the union.

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 101

The financial activities of the Fund are audited annually by a firm of certified public accountants, Pustorino, Puglisi & Co., 515 Madison Avenue, New York, NY 10022.

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PAGE 102 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

YOUR RIGHTS UNDER ERISA

As a participant in the Newspaper Guild of New York – The New York Times Benefits Fund, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all plan participants shall be entitled to:

RECEIVE INFORMATION ABOUT YOUR PLAN AND BENEFITS.

Examine, without charge, at the Fund’s office 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.

Obtain, upon 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 Fund may make 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.

CONTINUE GROUP HEALTH PLAN COVERAGE

Continue health care coverage for yourself, spouse or dependents if there is a loss of coverage under the plan as a result of a qualifying event. You or your dependents may have to pay for such coverage. Review this summary plan description and the documents governing the plan on the rules governing your COBRA continuation coverage rights.

Reduction or elimination of exclusionary periods of coverage for pre-existing conditions under your group health plan, if you have creditable coverage from another plan. You should be provided a certificate of creditable coverage, free of charge, from your group health plan or health insurance issuer when you lose coverage under the plan, when you become entitled to elect COBRA continuation coverage, when your COBRA continuation coverage ceases, if you request it before losing coverage, or if you request it up to 24 months

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SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 103

after losing coverage. Without evidence of creditable coverage, you may be subject to a pre-existing condition exclusion for 12 months (18 months for late enrollees) after your enrollment date in your coverage.

Group health plans and health insurance issuers generally may not, under Federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not prohibit the mother’s or newborn’s attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plans and issuers may not, under Federal law, require that a provider obtain authorization from the plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours).

PRUDENT ACTIONS BY PLAN FIDUCIARIES

In addition to creating right for plan participants ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your plan, called “fiduciaries” of the plan, have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries. No one, including your employer, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising your rights under ERISA.

ENFORCE YOUR RIGHTS

If your claim for a welfare 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 the above rights. For instance, if you request a copy of plan documents or the latest annual report from the plan and do not receive them within 30 days, you may file suit in a Federal court. In such a case, the court may require the plan administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the administrator. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or Federal court, in

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PAGE 104 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION FOR ACTIVE EMPLOYEES AND RETIRED EMPLOYEES LESS THAN AGE 65addition, if you disagree with the plan’s decision or lack thereof concerning the qualified status of a domestic relations order or a medical child support order, you may file suit in Federal court. If it should happen that plan fiduciaries misuse the plan’s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds you claim if frivolous.

ASSISTANCE WITH YOUR QUESTIONS

If you have any questions about your plans, you should contact the Fund office. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the plan administrator, you should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210.

You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration

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Guild-Times Pension Fund

Summary Plan Description Effective July 1, 2006

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SUMMARY PLAN DESCRIPTION • PENSION FUND

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE I

TABLE OF CONTENTS

Newspaper Guild of New York/The New York Times Pension Fund ...............1

Highlights Of The Guild-Times Pension Fund .................................................3

Who Is Eligible .....................................................................................................5

Terms To Know ....................................................................................................6

Contributions To The Cost Of Coverage ...........................................................8Your Pension Contributions .................................................................8Your Savings Contributions ..................................................................9

The Pension Part ................................................................................................10When You Can Retire ..........................................................................10

Normal Retirement ...............................................................10Early Retirement ...................................................................10Disability Retirement ............................................................10

Your Retirement Benefit Under the Pension Part ...........................................12 Noncontributory Benefit At Normal Retirement .............................12Contributory Benefit At Normal Retirement ....................................12An Example .........................................................................................13Limits/Modifications of Benefits ........................................................14Early Retirement with 30 Years of Credited Service .........................15Early Retirement with Less Than 30 Years of Credited Service .......16Early Retirement Table ........................................................................16At Disability Retirement .....................................................................17Purchase of Additional Credited Service or Age ..............................18

Payment Methods ..............................................................................................19Normal Payment Methods .................................................................19

Life Annuity (Unmarried Participants) ...............................19Surviving Spouse Annuity (Married Participants) .............19

Optional Payment Methods .............................................................................21Contingent Annuitant Option ...........................................................22Five-Year Or Ten-Year Certain Option ..............................................23Cash Lump-Sum Option ...................................................................23

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PAGE II • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUNDSmall Benefit ......................................................................................................25Taxes On A Lump Sum Distribution or Installment Payments .....................26

If You Leave Before Retirement ........................................................................27

If You Die Before Retirement ............................................................................28Waiving Your Default Benefit ..............................................................30

Pension Contribution Withdrawals/Payments Upon Death ..........................32

Service Pay ..........................................................................................................33

Other Pension Part Facts ...................................................................................35Transfers Out Of And Into Guild Jurisdiction ..................................35Leaves of Absence ...............................................................................35

The Savings Part ................................................................................................36Limitation on Contributions ..............................................................36

Investments/Expenses .......................................................................................37

Receiving Your Savings Benefit .........................................................................38Deferring Receipt of Your Benefit .......................................................38Annuity Distributions .........................................................................38

Payment Methods ..............................................................................................39Life Annuity (Unmarried Participants) ..............................................39Surviving Spouse Annuity (Married Participants) ............................39

If You Leave Before Retirement ........................................................................40Automatic Lump Sum Exception ......................................................40

If You Die Before Retirement ............................................................................41

Voluntary Savings Withdrawals ........................................................................42

How To File For Benefits ...................................................................................43 Appealing Your Claim ...........................................................44

General Fund Information ................................................................................46Annual Base Pay Limit ........................................................................46Service ................................................................................................46

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SUMMARY PLAN DESCRIPTION • PENSION FUND

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE III

Credited Service ..................................................................................47Family and Medical Leave Act (“FMLA”) .........................................48Military Service ....................................................................................48Break In Service ...................................................................................48Reemployment ....................................................................................48Suspension of Benefits .......................................................................49If You Work Past Age 70-½..................................................................50Taxes ................................................................................................50Voluntary Deduction for Guild-Times Benefits Fund Coverage .....51Electronic Funds Transfer ...................................................................51Adjustment Of Benefits ......................................................................51Assignment Of Benefits – QDROs ....................................................52

Merger ..............................................................................................................53

Interpretation of the Plan .................................................................................54

Termination/Amendment of the Plan .............................................................55

PBGC Protection ...............................................................................................56

Plan Administration ..........................................................................................57

Your Rights Under ERISA .................................................................................60Receive Information About Your Plan and Benefits .........................60Prudent Actions by Plan Fiduciaries .................................................60Enforce Your Rights .............................................................................61Assistance With Your Questions.........................................................61

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SUMMARY PLAN DESCRIPTION • PENSION FUND

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 1

NEWSPAPER GUILD OF NEW YORK/THE NEW YORK TIMES PENSION FUND

A Summary Plan Description of the Guild-Times Pension Plan

Dear Member:

The Trustees of the Newspaper Guild of New York-The New York Times Pension Fund (which is referred to as the “Fund”) are pleased to present you with this updated description of retirement benefits for eligible employees in Guild jurisdiction and their beneficiaries.

The Guild-Times Pension Plan, which is sometimes referred to as the “Plan” or “GTP,” helps provide your retirement income through two parts:

1. a Pension Part, consisting of a basic benefit funded by the company based on your length of Service and final average earnings, plus a supplemental benefit (if eligible) based on your own non-withdrawn contributions.

2. a Savings Part, made up of your contributions which may grow on the basis of investment earnings.

There are separate rules which govern the Pension Part and the Savings Part. Highlights of the Pension Part begin on page 10, and Savings Part highlights begin on page 36. As you look through this booklet, you will learn who is eligible to participate, when you can begin receiving a benefit and how it is determined. You and your spouse or beneficiary should read the booklet now to become familiar with your benefits, and then keep it for future reference.

Be sure to read this booklet carefully. A number of changes in pension benefits have been implemented since the last booklet was published in 1997. This booklet describes the Pension Plan in effect as of July 1, 2006.

Under the Plan, the Trustees have the right to amend, modify or terminate benefits. Please keep in mind that the booklet presents only a summary of pension benefits; it is not a substitute for the actual plan documents. If there should be any difference between this booklet and the documents, the actual terms and conditions of the documents will have the final say.

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PAGE 2 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUNDIf you have any questions about your benefits, please feel free to contact the Fund office at

212-556-1504 or fax to 212-556-3600.

With our best regards,

Barry F. Lipton, ChairpersonCharlotte BehrendtRichard KompaJay McKillopArthur MulfordRobert NusspickelWilliam O’MearaCorinne Osborn

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SUMMARY PLAN DESCRIPTION • PENSION FUND

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 3

HIGHLIGHTS OF THE GUILD-TIMES PENSION FUND

PENSION PART* SAVINGS PART**

Eligibility Age 21 with 1 year of Service or Age 50 with 6 months of Service

Age 21 with 1 year of ServiceorAge 50 with 6 months of Service

Vesting Earlier of 5 years of Service or age 65 Always vested in the value of your contributions

Contributions Basic benefit is fully funded by company. Supplemental benefit is based on employee contributions.

You contribute 1% - 15% of your base pay

Payment Method

Annuity or partial lump sum Annuity or lump sum

Investments Directed by Fund Directed by Fund

When benefit is payable

Normal retirement: at or after age 65Early retirement: ages 51-60 with 30 years of Credited Service, or ages 60-65 with 10 years of Credited Service

Always entitled to the value of the vested contributions to your account

Benefits are based on

• your length of Credited Service• your pay in the highest five

consecutive years during the final 10 years of covered employment

• your age when you begin receiving your benefit

• the sum of your non-withdrawn contributions, if any

the value of your account

* If you were making contributions to the Pension Part as of December 31, 1988, you may continue to contribute from 1% - 5% of base pay to GTP through payroll deduction in order to earn supplemental pension benefits.

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SUMMARY PLAN DESCRIPTION • PENSION FUNDThe 15% limit on contributions to the Savings Part will be reduced by the amount of any contributions made to the Pension Part.

** If you were a Participant on January 1, 1990, the automatic savings contributions to the Plan were suspended.

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SUMMARY PLAN DESCRIPTION • PENSION FUND

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 5

WHO IS ELIGIBLE

You are eligible to join the Plan if you are actively employed by the New York Times, Interstate Broadcasting Company, Times Digital, WQXR (under Newspaper Guild jurisdiction), Electronic Media Company, the Newspaper Guild-New York Times Benefits Fund or any related company in one of the bargaining units (or foreign service) subject to the collective bargaining agreements between such companies and the Newspaper Guild of New York, Local 3, TNG, AFL-CIO, CLC (the “CBA”). You are also eligible if you are employed by the Trustees of the Fund or by the Trustees of the Guild-Times Benefits Fund, or if you are on a “union leave” from eligible employment. The employers referred in this paragraph may be referred to as Covered Employers and your employment under the terms of the CBA is referred to as Covered Employment.

In addition, you must be in Covered Employment after attaining:

w at least age 21 with one year of Service orw at least age 50 with six months of Service.

Service generally means your employment in years and full months beginning on your first day of employment. For more about Service, see page 46.

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PAGE 6 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUND

TERMS TO KNOW

This booklet uses certain specialized terms that apply to the Plan. These terms, along with their intended meaning, are listed below:

Average Monthly Compensation — This is the average monthly base salary during any five consecutive calendar years in the last 10 consecutive calendar years of Credited Service immediately before your Retirement Date or, if earlier, your termination. The five consecutive years that produce the highest average are used in calculating your noncontributory pension benefits. If you terminated Covered Employment before January 1, 1987, any compensation you earned after your seventieth (70th) birthday will not be taken into account in calculating your average monthly compensation.

Base Salary — The actual compensation of a participant in Covered Employment, including shift differential, merit increases and salary deferrals under a 401(k) or 457 plan. Base salary does not include overtime, commissions (except for commissions for WQXR Employees) and bonuses.

Designated Beneficiary — The person or persons you designate to receive certain death benefits that may be payable. If you are married, your spouse is your Designated Beneficiary unless:

w you designate a beneficiary other than the spouse; and

w your spouse consented in writing to that designation; and

w you are at least age 35 at any time during the calendar year the designation was made.

To designate a beneficiary, you must complete beneficiary designation forms (and spousal consent forms, if applicable) furnished by the Trustees and submit them to the Trustees.

Your spouse’s consent must be irrevocable, witnessed by a notary public and acknowledge your spouse’s understanding that he/she is waiving the right to claim certain death benefits payable under the Plan. Once you designate a beneficiary with spousal consent, it cannot be changed again without your spouse’s consent.If you do not designate a beneficiary, or if the beneficiary(ies) you designate all predecease you, then the Trustees shall designate the following as

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SUMMARY PLAN DESCRIPTION • PENSION FUND

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 7

your beneficiary:

w your spouse; or if no spouse survives you,

w your children, in equal shares; or if no children survives you,

w your parents, in equal shares; if no parents survive you,

w your estate.

If you die with uncashed benefit checks, the Plan will cancel your checks when it learns that you have died. However, the Plan will then issue a new check equal to the total amount of the uncashed checks to the following person(s):

w your spouse; or if no spouse survives you,

w your children; or if no children survive you,

w your parents; or if no parents survive you,

w your Designated Beneficiary; or if none survive you,

w your estate. If you do not have an estate, then no payment shall be due.

If your Designated Beneficiary is a minor, the Plan will make the payment into an interest-bearing savings account rather than directly to the beneficiary. When the beneficiary attains the age of majority, the Plan will then pay out all amounts in the account to the beneficiary (including any interest earned).

Vesting — Your non-forfeitable right to benefits from the Plan.

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PAGE 8 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUND

CONTRIBUTIONS TO THE COST OF COVERAGE

YOUR PENSION CONTRIBUTIONS

The company pays the full cost of the basic benefit included in the Pension Part, consistent with the CBA. Certain eligible employees may also contribute to the Pension Part in order to earn supplemental pension benefits:

w If you were contributing to the Pension Part on December 31, 1988, you may continue to contribute any whole percent from one to five, of your base salary.

If you were contributing as of December 31, 1990 but were not vested at that time, you were no longer permitted to contribute; however, when you became vested, you could, within 30 days of your vesting date, elect to contribute once again.

You may change your contribution rate with 30 days’ advance written notice, but you may not change your rate more than twice in a given calendar year. You may also elect to stop contributing with 30 days’ advance written notice. If you stop making pension contributions, your money will remain in GTP unless you withdraw it.

Voluntary pension contributions to the Plan are normally made by payroll deduction. You must make your election in writing on forms provided by the Trustees. However, during an approved leave of absence (as defined under the CBA), you may be able to continue such contributions by making direct payments to the Fund Office as long as your leave is considered to be service time under the CBA. Your contributions will be based on the higher of (a) your salary at the time leave began or (b) the salary designated provided by the CBA during your leave.

Your contributions to the Pension Part will be credited with interest at the rate of five percent per year, compounded annually. Interest will begin accruing on the January 1 after the date your contribution was made and will stop accruing no later than the date you begin receiving benefits under the Plan.

See pages 10-17 for more details on the Pension Part.

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SUMMARY PLAN DESCRIPTION • PENSION FUND

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 9

YOUR SAVINGS CONTRIBUTIONS

You can increase your savings by voluntarily contributing 1 to 15% (in a whole percentage amount) of your base salary to the Savings Part. However, if you are making voluntary contributions to the Pension Part, the limit on how much you can contribute to the Savings Part is reduced. For example, if you contribute 2% of your base salary to the Pension Part, the most you can contribute to the Savings Part is 13% of your base salary (15% - 2% = 13%). Note that if you are a “highly compensated employee” (as such term is defined under IRS regulations) of the Fund or the Benefits Fund, your ability to contribute under the Savings Part may be limited. Contact the Fund Office for more details.

You may change your contribution rate with 30 days’ advanced written notice but you may not change your rate more than twice in a given calendar year. You may also elect to stop contributing with 30 days’ advanced written notice. If you elect to stop making voluntary savings payments, your money will remain in GTP and will continue to accrue interest unless you withdraw it. Once you have discontinued your voluntary savings, you may begin contributing again on the first day of the month following the six-month anniversary of the date you stopped contributing.

Voluntary savings contributions to the Plan are normally made by payroll deduction while you are in Covered Employment. You must make your election in writing on forms provided by the Trustees. However, during an approved leave of absence (as defined under the CBA), you may be able to continue such contributions by making direct payments to the Fund Office as long as your leave is considered to be full service time under the CBA. Your contributions during such leave will be based on the higher of (a) your salary at the time leave began or (b) the salary designated provided by the CBA during your leave.

Your contributions under the Savings Part are valued on the last business day of each calendar quarter (or another date that the Trustees may designate) to take into account investment gains, losses, withdrawals, contributions, expenses and other related charges and administration fees. See page 37 for more details on how your contributions are invested.

Please see pages 36-42 for more information about the Savings Part.

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PAGE 10 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUND

THE PENSION PART

Your pension benefit consists of:

w a basic benefit based on your earnings and length of service, plus

w if you are eligible and make (or made) employee contributions, a supplemental benefit based on the contributions that you have not withdrawn from the Plan

WHEN YOU CAN RETIRE

Normal Retirement

You are eligible for retirement if your terminate your employment on your normal retirement date, which is the first of any month on or after your 65th birthday. There is no minimum Credited Service required for normal retirement.

Early Retirement

You are eligible for early retirement if you terminate employment and are:

w between the ages of 51 and 60 with 30 years of Credited Service

or

w between the ages of 60 and 65 with 10 years of Credited Service.

Disability Retirement

You are eligible for disability retirement if you terminate employment because you become permanently and totally disabled:

w between the ages of 50 and 65, regardless of Credited Service

or

w between the ages of 40 and 50 with at least 10 years of Credited Service.

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SUMMARY PLAN DESCRIPTION • PENSION FUND

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 11

You must have a physical or mental condition that totally and permanently prevents you from engaging in any regular full-time occupation of employment with a Covered Employer for which your training, experience and aptitudes would normally qualify you. However, if the disability results from an injury intentionally inflicted for the purpose of collecting a pension or from service in the armed forces of any country other than the United States, it will not qualify. If you are receiving Social Security disability benefits, you will be considered permanently and totally disabled under the Plan.

You must establish that your disability occurred before you terminate employment, and you must file your claim for disability retirement no later than two years after you terminate employment.

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PAGE 12 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUND

YOUR RETIREMENT BENEFIT UNDER THE PENSION PART

NONCONTRIBUTORY BENEFIT AT NORMAL RETIREMENT

When you retire at or after age 65, your noncontributory pension benefit is based on your Credited Service, Average Monthly Compensation, and your Benefit Rate. Your benefit equals:

Benefit Rate timesYour Average Monthly Compensation timesYour Credited Service

The Benefit Rate is 1.25% if you were actively employed on or after June 1, 2001 and you were hired prior to October 21, 2003. (If you did not have an Hour of Service after May 31, 2001, your Benefit Rate is less. See the prior SPD for information.)

The Benefit Rate is 1.10% if you were hired after October 20, 2003.

If you terminate Covered Employment prior to age 65 but you are vested in your benefit, you will be eligible to receive a benefit as if you had retired while working under covered employment.

CONTRIBUTORY BENEFIT AT NORMAL RETIREMENT

If you made monthly contributions to the Pension Part (prior to 1989) that remain in the Fund, your benefit equals:

Your non-withdrawn GTP pension contributions to the Pension Part without interest times 22% divided by 12

In no event will your annual contributory benefit, after accounting for accrued interest, be less than 4% of any non-withdrawn contributions. See page 32 for how and when you can withdraw such contributions.

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SUMMARY PLAN DESCRIPTION • PENSION FUND

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 13

AN EXAMPLE

Here’s an example showing how your retirement pension benefit is calculated when you retire at or after age 65.

Let’s assume you began working at The Times at age 40 and retire at age 65 with 25 years of Credited Service. Your base salary during the last ten years of active service was:

Base Salary in Each of the

Last 10 Years of Service

Year 10 9 8 7 6 5 4 3 2 1

$ 75,000 $ 72,000 $ 70,000 $ 64,000 $ 63,000 $ 60,000 $ 62,000 $ 54,000 $ 53,000 $ 50,000

As you can see, the five consecutive years during which the base salary is highest are your last five years of Service. Therefore, your Average Monthly Compensation equals the average of the base salary in those last five years. This average is determined as follows:

Year 10 — $ 75,000 9 — $ 72,000 8 — $ 70,000 7 — $ 64,000 6 — $ 63,000 $344,000 ÷ 60 (months)

Average Monthly Compensation $5,733.33

If you were hired after October 20, 2003, your monthly basic (noncontributory) pension benefit would equal:

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0110 (Your Benefit Rate)x $5,733.33 (Your Average Monthly Compensation)x 25 (Your Credited Service)= $1,576.67 (Your monthly noncontributory pension benefit)

If you were actively employed on or after June 1, 2001 and you were hired prior to October 21, 2003, your monthly basic (non contributory) pension benefit would equal:

0125 (Your Benefit Rate)X $5,733.33 (Your average Monthly compensation)x 25 (Your credited Service)= $1,791.67 (Your monthly non contributory pension benefit)

For purposes of this example, let’s also say that your total (non-withdrawn) contributions under the Pension Part amounted to $30,000.Your monthly supplemental (contributory) pension benefit would equal:

$30,000.00 (Your non-withdrawn pension contributions)x .22 ÷ 12= $ 550.00 (Your monthly supplemental pension benefit)

The value of your total pension at age 65 would equal:

(if your Benefit Rate was 1.25%) $ $1,791.67 (Your monthly basic pension benefit) + $ 550.00 (Your monthly supplemental pension benefit) $ 2,341.67 (Your total monthly pension benefit)

LIMITS/MODIFICATIONS OF BENEFITS

At no point shall your noncontributory benefit exceed the lesser of (1) $165,000 or (2) 100% of your average compensation (as defined by the IRS) during the three consecutive years during which your compensation was the highest. This benefit ceiling may be adjusted:

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 15

w by the benefits you receive as a result of your contributions or the form of benefit you elect;

w if you commence benefits at an age other than the age considered to be “Social Security Retirement Age” by the Social Security Act (without regard to the age increase factor);

w if you have less than ten years of Credited Service;

w due to cost-of-living factors (prescribed by the IRS);

w as a result of benefits you receive from other plans of the employers listed on page 5; and

w if you are a “highly compensated employee” of the Fund or the Benefits Fund for purposes of the IRS and the benefits you receive could jeopardize the Plan’s tax-qualified status.

Any benefits you previously received from the Plan as it existed prior to December 31, 1965 shall be counted against any benefits to which you are otherwise entitled. Likewise, any benefit you accrued under the Plan at that time but did not receive shall be added to your benefit.

EARLY RETIREMENT WITH 30 YEARS OF CREDITED SERVICE

If you have earned 30 or more years of Credited Service, you may receive an early retirement benefit beginning at or after age 60. Your benefit would be the same as the normal retirement benefit and would be unreduced even though you began receiving your benefit before you turned age 65. If you are not yet 60:

w If payments begin between your 55th and 60th birthdays, your benefits are reduced by 4% per year (or 1/3% per month) that your payments begin prior to age 60.

w If payments begin between your 51st and 55th birthdays, you will receive 50% of your normal retirement benefit.

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SUMMARY PLAN DESCRIPTION • PENSION FUNDEARLY RETIREMENT WITH LESS THAN 30 YEARS OF CREDITED SERVICE

If you have less than 30 years of Credited Service, your monthly early retirement pension benefit is figured by the same formula used for normal retirement minus a reduction for each month before age 65 that benefits begin (because it is anticipated that you will receive your pension for a longer period of time):

w If payments begin on or after your 60th birthday, your benefits are reduced 4% per year (or 1/3% per month) that your payments begin prior to age 65.

w If you have not yet attained age 60, you may not receive an early retirement benefit.

EARLY RETIREMENT TABLE

The following table shows you how much of your monthly pension benefit you receive after the reduction for early retirement commencement.

If you retire and elect to receive

your benefits exactly at this

age:

With at least 30 Years of Credited

Service, you receive this percentage of your normal

retirement benefit.

With Less than 30 years of Credited Service, you receive this percentage of

your normal retirement benefit

64 100% 96%63 100% 92%62 100% 88%61 100% 84%60 100% 80%59 96% You are not eligible to receive a benefit.58 92% You are not eligible to receive a benefit.57 88% You are not eligible to receive a benefit.56 84% You are not eligible to receive a benefit.

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55 80% You are not eligible to receive a benefit.51-54 50% You are not eligible to receive a benefit.

Here’s an example of how this reduction would work. Let’s say you leave The New York Times at age 54 with 30 years of Credited Service and a monthly pension of $1,000. If you choose to have your pension payments begin immediately, you’ll receive $500 a month for life (50% x $1,000). If you defer payments to age 55, you’ll receive $800 a month for life (80% x $1,000). If you defer payments to age 60, you’ll receive $1,000 a month for life (100% x $1,000).

You may also retire early and defer receipt of your pension benefits to the first day of any month up to the first of the month following the month you turn 65, in which case the benefit you receive may be increased in accordance with the provisions above. Your ability to defer your receipt of benefits will be subject to certain minimum distribution requirements imposed by the Internal Revenue Code. See page 50 for more details.

AT DISABILITY RETIREMENT

If you retire due to disability, the amount of your pension benefit depends on your Credited Service, Average Monthly Compensation, and the Benefit Rate in effect when you become disabled and is calculated in the same manner as the pension benefit at normal retirement. You cannot defer receipt of your disability retirement benefit. There is no reduction in your pension when disability retirement benefits begin before age 65. If you are married and die while eligible for a disability benefit and while receiving a Social Security disability award, but before you file for disability retirement, your spouse will receive a survivor benefit equal to 50% of what you would have received under disability retirement.

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SUMMARY PLAN DESCRIPTION • PENSION FUNDPURCHASE OF ADDITIONAL CREDITED SERVICE OR AGE

Effective January 1, 2005, in certain circumstances, you may elect to use buyout pay to purchase additional years of Credited Service for purposes of determining the amount of your noncontributory pension benefit and your eligibility for early commencement of benefits.

If you terminate employment on or after November 1, 2005 and are otherwise eligible, you may also elect to use your buyout pay to purchase additional years of age. The additional years of age will be used to determine your eligibility for Normal or Early Retirement.

You may be eligible to elect to purchase additional years of Credited Service or age if you are a participant in:

1) The New York Times Newspaper June 2005 Voluntary Buyout for Employees Represented by the Guild (Non-Subcontracted Employees) or The New York Times Newspaper June 2005 Voluntary Buyout Plan for Employees Represented by the Guild (Subcontracted Employees),

2) any future voluntary group buyout offered to participants, or

3) any other individual buyout arrangement mutually agreed to between the New York Times Newspaper and the Guild.

You must be eligible for Normal Retirement or Early Retirement on the date of purchase, or, by purchasing more years of Credited Service or age, become eligible for Normal Retirement or Early Retirement as of the date of purchase. The additional years of Credited Service or age will be excluded in determining the reduction in the contributory portion for purposes of determining your reduced early retirement benefit. In calculating the reduction in your contributory pension benefit for purposes of determining your Early Retirement benefit, the additional years of Credited Service and age that you purchased will not be included.

If you choose to purchase additional years of Credited Service or age, you may do so only in the Plan Year in which the buyout is offered. You must also actually retire from employment in that same Plan Year.

The Plan Administrator will notify you in advance of the cost of an additional year of Credited Service or age.

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PAYMENT METHODS

NORMAL PAYMENT METHODS

Life Annuity (Unmarried Participants)

If you are unmarried on the date for which your benefit distribution commences, your pension benefit (with the noncontributory and contributory portions combined) will normally be paid in the form of a life annuity. Under this method, you receive monthly payments as long as you live. Upon your death, no further pension benefits are payable. However, if you made contributions to the Pension Part and the value of those contributions has not been paid to you by the time you die, your Designated Beneficiary will receive an amount equal to your total Pension Part contributions plus interest, less the amount of supplemental pension benefits you received during retirement.

Surviving Spouse Annuity (Married Participants)

If you are married on the date for which your benefit distribution commences, the amount of your pension benefit (both noncontributory and contributory) will be reduced and, unless you timely and properly elect another option, your benefit will automatically be paid in the form of a 50% surviving spouse annuity. Under this default method, you receive 90% of your accrued pension benefit for life. When you die, your surviving spouse will receive 45% of your accrued pension benefits for the rest of his or her life. If your surviving spouse dies after the effective date of your benefit, the reduced amount you are receiving will remain unchanged.

You may elect to increase the percentage payable to your spouse (to 75% or 100% of your benefit) prior to commencing receipt of your benefits by completing and submitting the relevant form provided by the Trustees. Such an election will decrease the monthly benefit you receive during your lifetime. If you die before you commence your retirement benefits, your election will be disregarded.

If you are eligible for Disability Retirement and you receive a Social Security disability award but die before filing your application for a Disability Retirement, you will have been deemed to have elected the 50% default annuity.

The table below shows how the amounts of the different survivor annuities are calculated.

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SUMMARY PLAN DESCRIPTION • PENSION FUND

For Every $100 That You Would Otherwise

Receive, You Now Receive

Percent of your Benefit payable to Surviving Spouse

Amount of your Benefit Payable to Surviving Spouse

$90 x 50% (default) = $45.00

$85 x 75% (optional) = $63.75

$80 x 100% (optional) = $80.00

The spouse to whom you are married on the date for which your benefit distribution commences is entitled to the survivor annuity, even if you two are not married on the date of your death, except to the extent such spouse’s right to an annuity is modified by his or her waiver of such annuity or a Qualified Domestic Relations Order.

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OPTIONAL PAYMENT METHODS

The payment forms described in the previous section may not suit your needs. For example, if you are not married, you may want some form of coverage for another person after your death. If you are married, you may want a percentage of your monthly pension benefit continued to someone other than your spouse after your death.

In addition to the normal forms of payment, the Plan offers several other optional pension payment methods. You should study these methods and choose what best suits your needs. You may wish to seek the advice of a qualified financial advisor to assist you with this decision.

In order to elect any of the following payment methods, you must first reject the normal payment method and submit to the Trustees a fully completed copy of the appropriate form provided by the Trustees before you commence benefits. If you are married, you must also obtain your spouse’s written, notarized consent on forms provided by the Fund. Your rejection of the normal payment method and your spouse’s written, notarized consent, if required, must take place within the period beginning 90 days before benefits begin and ending 30 days before benefits begin. (You may waive this 30-day period, provided that you will be given 7 days to revoke this waiver after the Trustees explain your right to the 30-day period. You will begin receiving your benefits no earlier than the expiration of the 7-day revocation period.) There is no limit to the number of times you may waive or revoke the default surviving spouse benefit option during the waiver period. The Trustees may waive the spousal consent requirement if (a) you can establish that your spouse cannot be located and (b) in other certain circumstances as provided by the IRS (Contact the Fund Office for more details).

Subject to the approval of the Trustees, you may cancel or change your election of an option at any time before the earlier of the date you retire or the date for which your benefits begin. The consent of your Contingent Annuitant or non-spousal Designated Beneficiary, as the case may be, is not required in order to make such a change. However, the consent of your spouse is required to make such a change. The conditions for canceling or changing your election are the same as electing an option, but may be waived if such waiver would not have an adverse actuarial effect on the Plan. In any event, your election may not be waived after you begin to receive your benefits.

The normal effective date of your option is the date on which you retire. However, if you continue in employment after attaining age 65, your option will become effective on the later of (a) your sixty-fifth birthday or (b) the

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SUMMARY PLAN DESCRIPTION • PENSION FUNDdate you file your election. If you die before retiring but on or after the effective date of the option, the amount payable to your surviving Contingent Annuitant or Designated Beneficiary will be determined as if you retired and elected to commence your benefits on the day before you died.

Similarly, if you die after you have elected to defer receipt of benefits and you die on or after the date on which your option has become effective, the amount payable to your surviving Contingent Annuitant or Designated Beneficiary will be determined as if you retired and elected to commence your benefits on the day before you died. However, if you die before the option becomes effective, your election is null and void.

CONTINGENT ANNUITANT OPTION

This option is similar to the Surviving Spouse Option and provides for coverage of any person — other than your spouse — as a contingent annuitant. Benefits will be provided to you for life, and then to your surviving Contingent Annuitant for his or her life. You may choose to have your surviving Contingent Annuitant receive 50%, 75% or 100% of your benefit. However, the greater the benefit to which your Contingent Annuitant is entitled, the less you receive while you are alive.

The table below shows how the amounts of the different contingent annuities are calculated.

For Every $100 That You Would

Otherwise Receive, You Now Receive

Percent of your Benefit payable to

Surviving Contingent Annuitant

Amount of your Benefit Payable to

Surviving Contingent Annuitant

$90 x 50% = $45.00

$85 x 75% = $63.75

$80 x 100% = $80.00

The above amounts apply only if your age (as of your last birthday) does not exceed your contingent annuitant’s age (as of his or her last birthday) by more than five years. If the age difference is greater than five years, the amounts payable to you and your surviving contingent annuitant will be reduced by 1% for every year by which the difference exceeds 5 years.

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Not with standing that rule, GTP does not in any case permit you to elect this option if:

w in the case of the 75% option, you are (as of the year during which you commence your benefit) more than 19 years older than your contingent annuitant; or

w in the case of the 100 % option, you are (as of the year during

which you commence your benefit) more than 10 years older than your contingent annuitant.

If your Contingent Annuitant dies before the effective date of your benefit, your election of this option shall be null and void. If your Contingent Annuitant dies after the effective date of your benefit, then the option shall continue in effect and the reduced amount you are receiving will remain unchanged.

FIVE-YEAR OR TEN-YEAR CERTAIN OPTION

Under this option, you will receive a reduced monthly benefit for life, with the amount of the reduction depending on whether you elect the 5-year or 10-year certain option. However, if you die before receiving the 5 years or 10 years of benefit payments you elected, the remaining number of payments in the same (reduced) amount will be continued to your Designated Beneficiary until a combined total of 60 or 120 monthly benefit payments have been made in accordance with your election. After your death, your Designated Beneficiary may also elect to receive the actuarial equivalent of the remaining payments in the form of a single lump sum.

For every $100 of monthly benefits that would otherwise have been payable to you, the following amounts will be paid under this option: Option Elected Amount Payable

Five-Year (60 months) $98 Ten-Year (120 months) $93

CASH LUMP SUM OPTION

Under this option you will be entitled to receive a cash payment equal to one-half of the actuarial equivalent of the monthly benefits paid based on

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SUMMARY PLAN DESCRIPTION • PENSION FUNDyour age and the applicable interest rate and mandated mortality table. Both the interest rate and the mortality table will vary over time. For further information about the lump sum payable to you, contact the Plan office.

You may elect to receive such cash payment as follows:

w in a lump sum; or

w in monthly installments over a period of whole years up to 3 years (in which case interest will be added on the unpaid balance of the cash payment); or

w partially in a lump sum plus the remainder in monthly installments.

The remaining one-half of your benefits will be paid in accordance with whichever form of payment you elect. However, if you elect to receive monthly installments, you may also elect to defer the receipt of the remaining half of your benefits until the end of the installment period but no later than the April 1 of the calendar year after you reach age 70½. The value of this remaining half of your benefits will be actuarially increased to reflect the period of deferral.

If you elect to receive monthly installments beginning after January 1 of the calendar year in which you reach the age of 70½, you can receive no more than 12 monthly installments.

If you elect to receive monthly installments and die during the installment period, the balance of your installments will be paid to your Designated Beneficiary (or at your Designated Beneficiary’s election, the actuarial equivalent of the remaining installments may be paid in the form of a lump sum) and the remaining half of your benefits will be paid in accordance with the payment method you elected.

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SMALL BENEFIT

In any event, if the lump sum actuarial equivalent of any benefit payable under the Pension Part is not more than $5,000, then either you (or your Surviving Spouse, Contingent Annuitant or Designated Beneficiary, as the case may be) will not receive benefits in a normal or optional form of benefit. Instead, you (or your Surviving Spouse, Contingent Annuitant or Designated Beneficiary, as the case may be) will receive the benefits in the form of an actuarially equivalent lump sum. Spousal consent is not required in this case to receive this Benefit.

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SUMMARY PLAN DESCRIPTION • PENSION FUND

TAXES ON A LUMP SUM DISTRIBUTION OR INSTALLMENT PAYMENTS

If you receive a lump sum or installment distribution, you may elect to have the Plan “roll over” your distribution(s) (the “Eligible Rollover Distribution(s)”) directly to an individual retirement annuity, an individual retirement account (other than a Roth IRA, a SIMPLE IRA or an Education IRA), an annuity plan described in Internal Revenue Code Section 403(a), an annuity contract described in Internal Revenue Code Section 403(b), certain eligible plans under Internal Revenue Code Section 457(b) or certain other tax-qualified plans (an “Eligible Retirement Plan”) and postpone taxes until a later date. Surviving spouses and alternate payee under a qualified domestic relations order may also roll over distributions to Eligible Retirement Plans.

Any minimum distribution required under the Internal Revenue Code upon the later of attaining age 70½ or retirement is not an Eligible Rollover Distribution and may not be rolled over.

If your Eligible Rollover Distribution is less than $200, you will not be able to receive a direct rollover to the Eligible Retirement Plan. You may not divide your Eligible Rollover Distribution into separate payments to be transferred to two or more Eligible Retirement Plans.

If you receive an Eligible Rollover Distribution, GTP will furnish you with a notice describing your option to receive a direct rollover (and the consequences of your election) no earlier than 90 days and no later than 30 days prior to the date the Eligible Rollover Distribution is to be made. If the actuarial value of your benefit is $5,000 or less, and you do not make an election within 60 days of receiving the notice, a lump sum cash payment (less required withholdings) will be made to you.

If you, your surviving spouse or your former spouse, as the case may be, do not directly roll over the Eligible Rollover Distribution, the portion of such distribution that is not directly rolled over will be subject to mandatory federal income tax withholding at a 20% rate. If you roll over less than the entire amount of your distribution, any amount retained by you or your beneficiary will be taxable as ordinary income. The amount of such withholding will reduce any income taxes due at the end of the year but will also reduce cash resources available for an indirect rollover contribution that still may be made by you or your surviving spouse within 60 days after receipt of such amounts.

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IF YOU LEAVE BEFORE RETIREMENT

If you are vested and you leave employment before you are eligible to retire (other than as a result of death), you are entitled to the pension you earned up to the date your employment ends. If you are not vested, you will not be entitled to any of the basic pension benefits and will receive a refund of any contributions you made to the Pension Part plus interest, subject to certain rules described on pages 32.

Your pension benefit would be computed under the same formula used for normal retirement. In addition, you may not defer the start of your pension beyond age 65. However, you may elect to receive a reduced benefit as early as age 51 if you had 30 years of Credited Service or between the ages of 60 and 65 if you had 10 years of Credited Service at the time your employment ceased. The amount of this reduction is computed under the same formula used for early retirement.

Your benefit will be paid in normal form, or in an optional form, provided you make a valid election to receive such option. However, if the value of your deferred vested pension is $5,000 or less, it will be paid to you in a lump sum.

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SUMMARY PLAN DESCRIPTION • PENSION FUND

IF YOU DIE BEFORE RETIREMENT

If you die before the date for which your pension benefits commence, your Surviving Spouse or Designated Beneficiary (whichever is applicable) will receive a benefit from the plan. The amount and date that payments begin depend on your status at your death, as shown in the following chart:

If you are...

And your death occurs...

Your Surviving Spouse/Contingent Annuitant/ Designated Beneficiary receives...

unmarried and vested

before the earlier of eligibility for early retirement or eligibility for normal retirement

a lump sum payment that is the actuarial equivalent of 80% of the noncontributory benefit that would have been payable to you had you retired the day before your death, commencing on the day you would have first been eligible (assuming you had terminated employment as of the date of your death and survived until the day you first could have retired) for 60 months certain, reduced in accordance with the table on page 16 for commencement prior to age 65

unmarried and vested

after eligibility for early retirement but before age 65 or while you are still employed after eligibility for normal retirement

80% of the noncontributory benefit that would have been payable to you if you retired on the day before your death, commencing on the first of the month coinciding with or next following your death, for 60 months certain or the lump sum actuarial equivalent thereof; if your Designated Beneficiary receives monthly installments but dies before 60 payments are made, then his or her designated beneficiary will receive an actuarially equivalent lump sump payment of the remaining payments commencing on the first of the month coinciding with or next following his or her death.

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married and vested

after eligibility for early or normal retirement (regardless of whether you are still working)...

the noncontributory benefit that your surviving spouse would have been payable had you died at age 65, retired on the day before your death (or if earlier, the date you terminated employment) and you had elected a benefit with a 100% survivor annuity; he or she receives this for life (or if he or she chooses, an actuarially equivalent lump sum as soon as practicable following your death); if he or she dies before 60 months’ worth of benefits have been paid to him or her, the value of the remaining payments will be paid to his or her designated beneficiary in an actuarially equivalent lump sum; he or she may elect to commence payment any time from the first of the month coincident with or next following your death until the day you would have turned 65

married and vested

but if you die after 65 while still in Service and you have elected either a Contingent Annuitant or Five-Year or Ten-Year Certain Option

the amount payable to your Contingent Annuitant or Designated Beneficiary shall be determined as if you died on the day before your death

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SUMMARY PLAN DESCRIPTION • PENSION FUND

married and vested

before eligibility for the earlier of early or normal retirement

the noncontributory benefit that would have been payable to your surviving spouse (assuming you had terminated employment on the date of your death (or if earlier, the date you terminated employment) and had survived until the earliest date you could have retired) as if you elected an annuity with a 100% survivor benefit; he or she will receive this benefit for life (or if he or she chooses, an actuarially equivalent lump sum as soon as practicable following your death); if he or she dies before 60 months’ worth of benefits have been paid to him or her, the value of the remaining payments will be paid to his or her designated beneficiary in an actuarially equivalent lump sum; he or she may elect whether to commence payment based on the day that you would have become eligible for either early or normal retirement or the day you would have turned 65; however, the benefit is reduced if payment commences before your 65th birthday in accordance with the table on page 16.

w In all cases, whether you are vested or not in your noncontributory benefit, your Designated Beneficiary is entitled to a lump sum equal to the value of your non-withdrawn contributions plus any accrued interest. If you are vested, married and your Surviving Spouse dies before receiving all such contributions, then their designated beneficiary shall receive any such contributions which remain unpaid.

WAIVING YOUR DEFAULT BENEFIT

w If you are unmarried, your Designated Beneficiary will receive the benefit described above (rather than an optional form of benefit) unless you have elected to waive such benefit in accordance with a form provided by the Trustees during the election period beginning at least ninety days before the earlier of (1) the day your turn 65 or (2) the date you terminate employment because of early retirement and ending on the earlier of (1) the day you die and (2) the date you commence your benefits. You may only waive this benefit if you continue in employment past age 65 or you terminate because of early retirement and elect to defer your commencement of your benefits.

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 31

w If you are married and select a pre-commencement death benefit described above other than the default Surviving Spouse benefit, you must submit your spouse’s written, notarized consent on a form provided by the Trustees during the election period beginning at least ninety days before the earlier of (1) the day your turn 65 or (2) the date you terminate employment because of early retirement and ending on the earlier of (1) the day you die and (2) the date you commence your benefits. In order to waive such a benefit, you must either (1) continue employment after age 65 or (2) terminate employment because of early retirement but elect to defer commencement of your benefits. You may revoke this waiver at any time before the date for which your benefit begins, and may do so without the consent of your Contingent Annuitant or Designated Beneficiary, whichever is applicable. There is no limit on the number of times you may waive or revoke such a waiver during the election period The Trustees may waive the spousal consent requirement if you can show that your spouse cannot be located, or because of other special circumstances provided by law.

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PAGE 32 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUND

PENSION CONTRIBUTION WITHDRAWALS/PAYMENTS UPON DEATH

If you made contributions to the Pension Part, you may elect to withdraw your pension contributions together with interest to the date of the election to withdraw at any time before retirement on a form provided by the Trustees, but you may do this only once after December 31, 1988. Payment takes about three weeks. If you withdraw your pension contributions, you will be prohibited from making future pension contributions. If you are not vested in your noncontributory benefit and you terminate employment for a reason other than retirement or death, your contributions will be returned to you as if you had elected to withdraw your pension contributions as described below.

Under present law, if you elect to withdraw your pension contributions and the combined total of your pension contributions with interest plus the value of your noncontributory pension benefit is more than $5,000, the amount withdrawn must be paid under the Plan’s automatic form of payment; that is, a 50% surviving spouse annuity if you are married and a single life annuity in the normal form (no option) if you are unmarried. This immediate monthly annuity is payable even though you are still working. If you wish to receive a lump sum rather than an annuity, you must waive the automatic form of payment in writing on a form provided by the Trustees. If you are married, you must also obtain the written, notarized consent of your spouse in order to waive the 50% surviving spouse annuity on a form provided by the Trustees. If you are married, you may also elect to receive your benefit in the form of a 75% or 100% surviving spouse annuity.

You will forfeit that portion of the contributory pension benefits that would have been provided by the pension contributions you withdrew. However, if you are vested in your noncontributory benefit, you may receive a residual contributory benefit payable at the time your noncontributory benefit is paid (you may ask the Fund Office if you qualify for this benefit at the time you withdraw your contributions). Any contributory pension benefit forfeited will be restored (and no residual contributory benefit will be paid) if the amount withdrawn is repaid with interest (at a rate of 5%) within five years of the date of withdrawal and before other benefits under the Plan commence.

Any contributory benefits which were not withdrawn or paid to you, your Surviving Spouse or Contingent Annuitant, as the case may be, will be paid to your Designated Beneficiary upon the death of the last to die of you, your Surviving Spouse or Contingent Annuitant, with interest on such benefits to the earlier of the date of such death or your date you commenced your benefit.

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 33

SERVICE PAY

Under the Pension Part, the Plan permits you to receive an immediate benefit upon termination of employment in lieu of a part or all of your accrued vested basic pension benefit. You are eligible for this “Service Pay” benefit when your service ends if you have at least 20 years of continuous employment with the Employer. Alternatively, if you terminate employment before you (1) attained age 50 and had completed at least 10 years of service after attaining age 22 or (2) attained age 65, you may elect to receive part or all of your noncontributory benefit in the form of the actuarial equivalent of Service Pay, provided that such benefit will be calculated without regard for your post-May 31, 1992 Service and compensation. Your ability to elect Service Pay ends on the day on which your noncontributory benefits begin.

The amount of your Service Pay equals one week of pay for each six months of your continuous and uninterrupted covered employment (excluding periods not under Guild jurisdiction, periods in foreign service and periods for which you have already received Service Pay (or “Severance Pay” as provided under the Plan prior to June 1, 1992) or a lump sum distribution equal to no less than your entire accrued benefit under the Plan) — in other words, two weeks for each year of such service. Your Service Pay is based on the average weekly salary (up to the IRS limit on compensation, which is $210,000 for 2005 and may differ for future or prior years) you receive for the last 26 weeks of your employment; that amount equals “one week of pay.” Your average weekly salary includes shift differentials, commissions paid by WQXR and any elective deferred compensation, but excludes overtime, other commissions and bonuses. For example, if you have 20 years of continuous and uninterrupted employment at The Times while a member of the Guild bargaining unit and your average weekly salary is $900 during the last 26 weeks you work at The Times under Guild jurisdiction, your Service Pay will equal 40 weeks of pay (2 weeks times 20 years), or $36,000 (90 weeks times $900). If there have been interruptions in your covered employment or you have previously received payments from this Plan, some or all of your employment history may not apply in the calculation of your Service Pay entitlement. In any event, your Service Pay benefit will not be more valuable than the lump sum actuarial equivalent of your accrued noncontributory benefit payable in the form of an immediate single life annuity, with the latter calculated without regard whether you are 65.

You may receive Service Pay in the form of a lump sum or an annuity. As with other benefits under the Plan, if you are married, your spouse must provided written, notarized consent on forms provided by the Fund if you elect a form of benefit other than an annuity with a (50%, 75% or 100%) surviving spouse benefit.

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PAGE 34 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUNDYou should compare your Service Pay benefit with the value of your basic noncontributory pension benefits. If Service Pay is larger and you elect to receive Service Pay, your accrued vested basic pension benefit will be eliminated. If Service Pay is smaller and you elect to receive Service Pay, your accrued vested basic pension benefit will be reduced by an amount equal to the actuarial equivalent of your Service Pay. If you elect not to receive Service Pay, your accrued vested basic pension benefit will be unchanged. To help you make a choice information will be provided for you by the Plan office.

If you are discharged and intend to pursue your reinstatement under the Guild contract or any applicable law, no Service Pay benefit will be paid until the matter is resolved. If you receive Service Pay and are reemployed, your Credited Service for any period for which you had previously received Service Pay under the Plan will not be reinstated if your Service Pay benefit eliminated all of your accrued benefit.

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 35

OTHER PENSION PART FACTS

TRANSFERS OUT OF AND INTO GUILD JURISDICTION

If you transfer out of a job covered under the Guild contract to some other employment with the Employer that is not covered under the contract, you are no longer eligible to accrue Credited Service. Your Credited Service and earnings record will be “frozen” as of the transfer date. Thereafter, if you continue to work for the Employer in non-Covered Employment until the time you satisfy the age, Credited Service and/or other applicable eligibility requirement for a GTP pension benefit, such benefit will be calculated on the frozen basis as of your transfer date. However, you will continue to earn vesting credit while in non-Covered Employment with the Employer.

If you are a participant and transfer back into Covered Employment, you resume accruing pension benefits, your Credited Service shall include all periods of Covered Employment. However, if you are not a Participant and you transfer from non-Covered Employment with the Employer into Covered Employment, you become a Participant upon fulfilling the eligibility requirements. (See “Who Is Eligible” on page 5.)

LEAVES OF ABSENCE

If you are on an approved unpaid leave of absence, you will receive benefit credit for up to the first three months of such absence. When your approved unpaid leave of absence reaches three months in duration, your benefits under GTP will be frozen until you resume your employment under the CBA. However, if you were making contributions while working, you may continue to do so at the same level while you are on approved leave.

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PAGE 36 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUND

THE SAVINGS PART

The Plan maintains individual “savings” accounts for all participating employees. Your voluntary savings account is the sum of:

w the amount you choose to contribute (usually through payroll deduction) on a post-tax basis plus

w earnings from any investment made with your voluntary savings.

If you still have an automatic savings account to which your Employer made contributions of $3 per week (prior to 1990), earnings from your voluntary savings account are added to any earnings accumulated in such account.

You are always vested in the value of the contributions you made (as adjusted by investment earnings and losses) to your savings account. You are vested in the value of the amounts in your automatic savings account upon the earliest of the following to occur:

w your completion of one year of Service;

w your attainment of age 65 while under Covered Employment;

w termination of the Plan; or

w your Employer stops contributing to the Plan.

In any event, you will be 100% vested in your automatic savings account if you worked in Covered Employment prior to January 1, 1989.

Any amounts in your automatic savings account to which you are not vested, if any, will be forfeited at the end of the fifth year following the year in which you left Covered Employment.

LIMITATION ON CONTRIBUTIONS

Monies allocated to your contributory benefit under the Savings Part for a given year may at no point exceed the lesser of 25% of your compensation for such year or $41,000. The latter figure may be increased by the IRS to account for cost-of-living adjustments.

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 37

INVESTMENTS/EXPENSES

The Trustees invest your savings assets in fixed income and other securities which emphasize safety of your assets and a fixed rate of return. The Trustees may, however, invest your savings assets in other prudent investments such as guaranteed income contracts issued by insurance companies.

Interest you earn from any portion of your savings is not taxed until your savings is paid to you. Earnings from your savings account are payable when employment ends.

Any investment expenses and expenses of the Fund will be charged to the savings accounts held by the Fund so that each Participant will bear a proportional share of such expenses.

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PAGE 38 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUND

RECEIVING YOUR SAVINGS BENEFIT

If you are vested when you terminate employment (through retirement or otherwise) for reasons other than death, any monies in your automatic and/or voluntary savings account(s) will be payable to you, either in a lump sum payment or in the form of a savings annuity, as described below.

You may not defer receipt of your savings benefits upon or after the attainment of age 65 if you are no longer employed.

DEFERRING RECEIPT OF YOUR BENEFIT

You may also defer receipt of your savings annuity to the first of any month until you are age 65. However, you must also receive your pension benefits at the same time. You cannot defer a lump sum payment.

ANNUITY DISTRIBUTIONS

If federal law and/or the regulations promulgated thereunder change such that annuities need no longer be offered under the Savings Part, then such annuities shall not be offered and benefits will be payable only in the form of a lump sum.

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SUMMARY PLAN DESCRIPTION • PENSION FUND

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 39

PAYMENT METHODS

LIFE ANNUITY (UNMARRIED PARTICIPANTS)

If you are unmarried when you retire at age 65, any balance in your savings account will be paid to you in the form of a life annuity or a lump sum, as you decide. If you die before the value of your account when benefits begin has been paid to you, the remaining balance will be paid to your Designated Beneficiary. Instead of receiving an annuity, you can also elect to receive a lump sum.

SURVIVING SPOUSE ANNUITY (MARRIED PARTICIPANTS)

If you are married when you retire, any balance in your savings account will be paid to you in the form of a 50% surviving spouse annuity. Under this method, you receive a reduced monthly payment for life. When you die after payments begin, 50% of your benefit will then be paid to your spouse for life. Notwithstanding the foregoing, (i) you can increase the amount your spouse receives to 75% or 100% (however, this will decrease the monthly payments you receive during your lifetime) and (ii) you can also elect a lump sum payment with your spouse’s consent.

If you retire early under these payment methods, you can defer savings annuity payments to the first of any month until you reach age 65. However, savings annuity payments must begin at the same time as pension payments.

If you retire due to a disability, you can receive your benefits in the form of an annuity or a lump sum with no reductions.

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PAGE 40 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUND

IF YOU LEAVE BEFORE RETIREMENT

You can receive your savings benefit in the form of (1) a lump sum, or (2) if the value of your accounts exceeds $5,000 and you so elect, the actuarial equivalent of the value of your savings accounts in the form of an annuity (as described above). If you are married and the value of your benefit exceeds $5,000, your spouse must provide written consent to your receipt of a distribution other than a surviving spouse annuity in the same manner as spousal waiver is prescribed for other optional forms of benefit under the Plan.

However, if you are younger than 65 upon your termination of employment, you may take your benefit in the form of a lump sum immediately or at a later date which is no earlier than the date you first become eligible to receive your noncontributory pension benefit from the Plan and no later than the first day of the month following your 65th birthday. You may also elect to receive your benefit in the form of an annuity at a later time beginning no earlier than the day you are first eligible to receive your noncontributory pension benefit from the Plan and no later than the first day of the month following your 65th birthday.

AUTOMATIC LUMP SUM EXCEPTION

If the balance of your savings accounts does not exceed $5,000, then you (or your Surviving Spouse, as the case may be) may only receive your benefit in the form of a lump sum.

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 41

IF YOU DIE BEFORE RETIREMENT

In the event you die before becoming vested in the automatic savings account and there are no funds in your voluntary savings account (as a result of a lack of contributions or withdrawal thereof), there are no payments due from the Savings Part.

If there are funds in your voluntary and/or automatic savings accounts and you are vested in such amounts, your Designated Beneficiary or Surviving Spouse receives the benefits described in the table below, regardless of your eligibility for retirement.

If you die and are... And the balance of your account is...

Benefits will be paid as a...

married and vested

$5,000 or less

More than $5,000

If your Designated Beneficiary is not your spouse

lump sum

monthly savings annuity for life for your spouse (guaranteed to pay out the full value of your savings account) or lump sum if spouse elects

lump sum

unmarried and vested

any amount lump sum

A surviving spouse may defer payments to the date payments would normally begin.

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PAGE 42 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUND

VOLUNTARY SAVINGS WITHDRAWALS

You may elect to withdraw any amount from your voluntary savings balance during employment as long as your withdrawal is either (1) at least $500 or (2) equal to your entire voluntary savings account. You may elect only one withdrawal in any six consecutive calendar months. Payment normally takes about three weeks, but may take longer. Your balance will be based on the most recent valuation.

Your withdrawal will be paid either in the form of a lump sum or an annuity. If you are single, you will receive a life annuity unless you elect a lump sum. If you are married and the total balance of your voluntary savings account is more than $5,000, the amount withdrawn will be paid under GTP’s automatic form of payment, that is a 50% surviving spouse annuity, unless you obtain the written, notarized consent of their spouse in order to waive the 50% surviving spouse annuity and receive either a lump sum or the 75% or 100% surviving spouse annuity forms. If you receive an annuity, any balance in your account which remains unpaid to you or your spouse (based on the value of your account at the time such payment begins) after both of you die will be paid to your Designated Beneficiary in the form of a lump sum. In any event, if the amount of your withdrawal is equal to or less than $5,000, then you will receive the withdrawal in the form of a lump sum.

If you terminate employment and make a lump sum withdrawal of monies in your savings account, you may repay the amounts withdrawn (with interest) upon reemployment within two years.

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SUMMARY PLAN DESCRIPTION • PENSION FUND

NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 43

HOW TO FILE FOR BENEFITS

No benefits are payable until the Trustees receive, examine and approve your application (or that of your Surviving Spouse, Contingent Annuitant or Designated Beneficiary, as the case may be) for benefits. You must apply on the appropriate forms provided by GTP in order to receive your benefits. In addition, you will be required to provide proof of your date of birth and may be required to prove your marital status, and for the Surviving Spouse, Contingent Annuitant or Designated Beneficiary, proof of your death.

During the 90-day period before your retirement or before your benefits begin, you must notify GTP which of the payment methods you wish to elect, using the appropriate forms provided by GTP. If you fail to file the forms for any reason, the normal payment method for you, based on your marital status, automatically takes effect. (See “Normal Payment Methods” on page 19.)

If you are filing for disability retirement, you must file no later than one year after your employment terminates.

Depending on when you file a claim for benefits, payments may be delayed up to 60 days. In this case, retroactive payments will be made retroactive to the date you became eligible to begin receiving benefits. Thereafter, monthly pension and any savings benefits will be paid on the first of each month.

If the required information is not submitted on time, your benefit payment will be delayed until the Trustees receive, examine, approve and process your application for benefits. Also, there may be a delay if your Employer fails to submit to GTP the data needed to calculate your benefits.

It is the responsibility of you, your Surviving Spouse, Contingent Annuitant and/or Designated Beneficiary to keep the Plan office apprised of the appropriate home address.

When you (or your Surviving Spouse, Contingent Annuitant or Designated Beneficiary, as the case may be) become eligible for a pension benefit, the Plan will notify you by regular mail at your last known residence.

Before commencing your benefits in an instance where your annuity starting date precedes the date on which you actually begin receiving benefits, you will be given the option of receiving a lump sum payment that includes monies you would have received had your benefit begun on your annuity starting date (also known as “retroactive” monies) or receiving such monies through an actuarial increase to your monthly or annual payments. If you

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PAGE 44 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUNDelect the lump sum form and you were married as of your annuity starting date, you must first obtain the written consent of your spouse.

The payment method you elect may not be changed once benefit payments begin. You should consult your financial and legal advisors or contact the Plan office before you file your application for benefits.

APPEALING YOUR CLAIM

You will receive a decision from GTP within 90 days (or, in the case of a disability-related claim, 45 days) of your initial claim, unless GTP notifies you in writing of an extension of up to 90 additional days (or in the case of a disability-related claim, 2 30-day periods). Such a notice will contain the reasons for the extension. If GTP notifies you that your application for benefits is denied, or if you believe the amount of your benefits is wrong, you may file an appeal. The notice you receive from GTP will describe the reason why your application was denied, including, if applicable, whether certain information was missing and why it is necessary, the specific plan provision on which the denial was based and a statement explaining that if your appeal is denied, that you may bring a civil suit under Section 502(a) of the Employee Retirement Income Security Act of 1974 (“ERISA”).

You can file an appeal by first submitting a written request to the Trustees by certified mail within 60 days (or in the case of a disability-related appeal, 180 days) from the date of the notification of denial asking that your application be reconsidered. For instance, if you believe there is an error in your benefit amount, your written request for a review must be made to the Trustees by certified mail within 60 days from the date GTP notifies you of the final benefit amount. You can speed your appeal by describing what you see as the error.

Whenever possible, send copies of any documents or records that you think support your appeal. You may submit documents or records that you did not initially submit.

If you or your authorized representative wish to appear before the Trustees, you must request a hearing when you file your appeal. In such instance, you will then be given at least 10 days’ written notice of the time and place of the hearing on your appeal. Upon your request, you will be entitled to receive, free of charge, copies of and access to all documents and records relevant to your claim.

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 45

The Trustees will review your appeal without reference to the initial denial. If the initial claim was disability-related and the initial decision on such claim was based (in whole or in part) on a medical judgment, in deciding the appeal, the Trustees will consult with a health care professional who has training and experience in the relevant field of medicine and who is not the same person as the individual consulted in making the initial decision on such claim (or subordinate to such individual).

If a claim is wholly or partially denied, the Board of Trustees will notify you of the Plan’s adverse benefit determination within a reasonable period of time, but not later than the next regularly scheduled Trustees’ meeting following receipt of the claim by the Trustees, unless your appeal was received within 30 days of such meeting, in which case your appeal will be heard at the next regularly scheduled Trustees meeting. If the Board of Trustees determines that special circumstances require an extension of time for processing the claim, a determination shall be rendered no later than the third Trustees’ meeting following the Plan’s receipt of the request for review. If an extension of the time for processing is required, you will receive an extension notice shall indicate the special circumstances requiring an extension of time and the date by which the plan expects to render the benefit determination.

Following the Trustees’ consideration of your appeal, if your claim is wholly or partially denied, you will be given written notice citing the specific reasons for the Trustees’ decision, the pertinent provisions of GTP on which the Trustees’ decision was based and a statement explaining that you may bring a civil suit under Section 502(a) of ERISA. The Trustees’ decision is final and binding.

In any event, you must exhaust the procedures described herein before you can bring a civil suit against the Plan.

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PAGE 46 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUND

GENERAL FUND INFORMATION

ANNUAL BASE PAY LIMIT

In accordance with federal, for both the savings and pension parts of GTP, annual base pay in excess of $210,000 for 2005 (and differed in prior and future years) will not be included in the calculation of pension benefits or used in the payroll deductions of voluntary pension and savings contributions. This limit may be adjusted by the IRS in future years.

SERVICE

Service measures your employment in years and full months beginning on your first day of employment. It is used to determine your vesting and eligibility for benefits. Service is not granted for any of the following:

w Any period of 12 or more consecutive months in which no employment relationship exists as a result of resignation, discharge, layoff or retirement;

w Any month before the age of 18 (for Service prior to 1987, this age floor was 22);

w Any month before January 1, 1976 that would have been ignored under the terms of the Plan in effect before January 1, 1976;

w Any period after December 31, 1975 in which no employment relationship exists and during which you were not vested in any benefits under the Plan and:

ß where such period began before January 1, 1987 and lasted longer than the number of years of Service you had attained as of the beginning of the period;

ß where such period began after December 31, 1986, such a period, provided it lasted the longer of 5 year or the number of years of Service you had attained as of the beginning of the period; or

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 47

w Any month after December 31, 1975 that would be excluded according to the “Break in Service” rules of GTP described below.

CREDITED SERVICE

Credited Service measures your participation in the Plan. It is used to calculate your benefits under the Pension Part. You earn a year of Credited Service for each calendar year in which you are a participant in the Plan and have 1,400 or more hours of employment, subject to the age and service rules on page 3 and to the rules of the Plan as it existed when you worked. An hour of employment is any hour for which you were directly or indirectly paid, or entitled to payment, by your employer for work or on account of vacation, sick leave or another payroll practice that provides you with pay when you do not work. If you have less than 1,400 hours of employment, your Credited Service for that year will be prorated based on the number of completed months in years prior to 1976 and based on the number of hours worked in years beginning with and following 1976. For example, if you had 700 hours of employment in 2004, you will receive credit for one-half year of Credited Service.

Furthermore, if you accrue at least one hour of Credited Service after January 1, 1987, you will earn Credited Service for any calendar year in Covered Employment in which you were not considered to be a participant but were at least age twenty-one and had already completed one year of Credited Service and later became a participant, subject to the same hours-of-employment requirements as above. Also, if you accrue at least one hour of Credited Service after May 1, 1999, any years in which you accrued hours of Credited Service but were not yet eligible to participate under the Plan shall count towards the calculation of your Credited Service, provided that you become a Participant and you become vested in your noncontributory benefit.

In certain circumstances, you may be eligible to purchase additional years of Credited Service with buyout pay. Please refer to page 18 for details.

In any event:w any hours of employment performed after your 70th birthday

but before January 1, 1987 shall be disregarded;

w you cannot earn more than one year of Credited Service in any one calendar year; and

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PAGE 48 • NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES

SUMMARY PLAN DESCRIPTION • PENSION FUNDw Credited Service will not include periods for which you have

received lump sum distributions of your accrued benefit.

If you were an employee before January 1, 1976, please contact the Fund office for information about how Credited Service was earned up to the date.

FAMILY AND MEDICAL LEAVE ACT (“FMLA”)

If you take leave under the FMLA, you will not lose any benefit you had accrued as of the date your leave commenced.

MILITARY SERVICE

Your pension and savings plan benefits are protected under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). If you are a returning service member who meets USERRA’s eligibility criteria, you will be treated as if you were continuously employed during your military service for vesting and credited service.

BREAK IN SERVICE

It is not unusual for an employee to be rehired after employment has been terminated. Recognizing this, “Break in Service” occurs when employment is terminated for 12 consecutive months or more. However, if your Break in Service occurs because of your pregnancy, the birth of your child, the adoption of your child, or the care of your child following birth or adoption, the first 12 months of your absence shall not be counted in determining if you have a Break in Service. GTP provides, and has provided since 1987, an opportunity for restoring prior Service and Credited Service, if any, if you are reemployed after a “Break in Service.”

REEMPLOYMENT

If you are reemployed in Covered Employment, you will receive credit for both your prior Service and Credited Service if:

w you had vested rights to your pension when the “Break in Service” occurred; or

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 49

w your Service before termination was greater than or equal to the length of your “Break in Service”; or

w the length of your “Break in Service” is less than 5 years.

provided, however, that you did not receive a lump sum benefit on account of your Service upon your previous termination of employment. If you did receive such a lump sum benefit, the amount of your Service will be reduced accordingly.

If you had elected to defer your early retirement benefit under the Plan and subsequently return to at least 40 hours or more of Covered Employment, your deferral election will be cancelled. Your benefit will be recalculated to take into account your Service, but also to take any previous election of the Cash Lump Sum option and Service or Severance Pay (as provided under the Plan prior to 1992) received. Your recalculated benefit will not be less than the benefit to which you were entitled when you became reemployed. You will be able to elect when your form of benefit will commence when you retire again.

SUSPENSION OF BENEFITS

If you were receiving GTP retirement benefits before your reemployment for more than 40 hours each month of Covered Employment, payments will be suspended when you are reemployed. You will receive notification of your suspension and the reasons therefor, along with both a summary and a copy of the plan provisions regarding suspension of benefits and a copy of the Department of Labor’s regulations regarding suspension of benefits (§2530.203-3 of the Code of Federal Regulations). If you disagree with GTP’s determination regarding its decision to suspend your benefits, you may file an appeal in accordance with the claims procedures on page 44. If you have questions as to whether certain employment will trigger a suspension of benefits, you may contact the Fund Office with your inquiry.

When you retire again, you will not receive credit for the missed payments but your benefit will be recomputed to reflect your additional service and pay. In no event will this new benefit be less than the benefit you were previously receiving. If you received benefit payments for any period when your payments should have been suspended, GTP will reduce your benefits upon your subsequent retirement until the overpayments have

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SUMMARY PLAN DESCRIPTION • PENSION FUNDbeen recaptured. However, your monthly benefit may not be reduced by more than 25% during the recapture period. The notification referenced in the paragraph above will contain information concerning GTP’s intent to recapture benefits and its manner of doing so.

IF YOU WORK PAST AGE 70½

The Plan provides that if you reach age 70½ and are still working, GTP will begin to pay benefits no later than April 1 of the next calendar year. For example, if you reach age 70½ during 2005 and continued to work, the Plan would compute the benefits earned as of December 31, 2005 and begin benefit payments by April 1, 2006. Each year thereafter, the Plan would recompute the benefits at year-end and make additional distributions. The final adjustment occurs when you actually retire.

When you attain age 70½, you will be notified about your options. The payment method you elect at that time will be final. If you elect the Cash Lump Sum Option, you cannot elect to receive your cash payment in more than 12 monthly installments, and the remaining half of your benefit must begin to be distributed in accordance with the paragraph above.

Minimum distribution requirements relating to your attainment of age 70½ may also affect the amount of benefits that your Surviving Spouse, Contingent Annuitant or Designated Beneficiary receive. For more information, please contact the Plan office.

TAXES

Benefits based on company contributions and investment growth of your contributions are taxable. If you contribute to the plan, some of your benefits may be tax-free. If you receive a lump sum payment prior to age 59½, you must roll over the taxable portion to another tax-qualified plan or an Individual Retirement Account to further defer taxes and avoid a 10% penalty, subject to certain exceptions. Income taxes are complicated, and you should review your own situation with a tax advisor prior to benefit payment. You may also wish to review IRS Form 5329 for additional information about the 10% tax.

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VOLUNTARY DEDUCTION FOR GUILD-TIMES BENEFITS FUND COVERAGE

The Guild-Times Benefits Fund requires eligible retirees to pay a portion of the cost of their benefit coverage in order to participate. As a retired participant, you may direct in writing that a portion of your GTP monthly pension payments be made to the Guild-Times Benefits Fund. The amount of the deduction will be determined from time to time by the Trustees of the Guild-Times Benefits Fund. A retired participant who elects to direct pension monies to the Guild-Times Benefits Fund may revoke that election at any time with 30 days’ advance written notice by certified mail to the GTP Trustees. Please contact the GTP office for further details.

ELECTRONIC FUNDS TRANSFER

Your GTP monthly benefit checks can also be deposited electronically into your bank account. When electing electronic funds transfer, you must complete a Direct Deposit Agreement form obtained from the Plan office. If the completed form is received by GTP by the 10th of any month, the Plan will send an electronic “test” message to your financial institution at the beginning of the next month. The first electronic deposit will be made on the month following the first correct test month. Contact the Plan office for further details.

ADJUSTMENT OF BENEFITS

Once your benefits commence from the Plan, there may be changes made to the amount of your benefits for the following reasons:

w revision of your salary pursuant to a contract settlement;

w additional accrual of benefits (e.g., employment after age 70½);

w benefit improvements adopted by the Trustees;

w in the case of a disability retirement, a change in your disability status;

w revision of errors in your Service/salary history or in your benefit calculation;

w reemployment.

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SUMMARY PLAN DESCRIPTION • PENSION FUNDIf there is an adjustment to be made in the amount of your benefit and you had elected the Cash Lump Sum Option, the adjustment will be applied solely to the monthly benefit not cashed out and will not affect the amount of the Cash Lump Sum payments.

ASSIGNMENT OF BENEFITS — QDROS

Generally, your right to benefits under the Plan may not be alienated. However, there are certain narrow exceptions, one of which is for “Qualified Domestic Relations Orders.”

A Qualified Domestic Relations Order (QDRO) is a legal judgment, decree, or order that recognizes the rights of an alternate payee under the Plan with respect to child or other dependent support, alimony, or marital property rights.

If you become legally separated or divorced, a portion or all of your benefit under the Plan may be assigned to someone else to satisfy a legal obligation you may have to a spouse, former spouse, child or other dependent.

There are specific requirements the order must meet to be recognized by the Plan and specific procedures regarding the amount and timing of payments. You may request a copy (free of charge) of these procedures at any time by contacting the Fund Office. If you are going through a legal separation or divorce, you should become aware of these procedures to avoid any misunderstanding. If you are affected by a QDRO, you will be notified by the Plan office.

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 53

MERGER

If the Plan is involved with a merger, consolidation, or other transfer or liabilities with any other pension or retirement plan, your benefits following such transaction will be at least as great as the benefits you would have been entitled to had the Plan terminated immediately prior to the transacton.

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SUMMARY PLAN DESCRIPTION • PENSION FUND

INTERPRETATION OF THE PLAN

The Board of Trustees, and any person or persons it designates, has the exclusive right, power, and authority, in its sole discretion to administer, apply and interpret the Plan, including this booklet and any other Plan documents, and to decide all matters that arise in the operation and administration of the Fund.

Without limiting the generality of the foregoing, the Board of Trustees, and its designates, have the sole and absolute authority to:

w Take all actions and make all decisions related to eligibility for, and the amount of, benefits under the Plan;

w Formulate, interpret and apply rules, regulations and policies necessary to administer the Fund in accordance with the

terms of the Plan, the Fund’s Trust Agreement and other relevant documents;

w Decide questions (both legal and factual) related to eligibility and the calculation and payment of benefits, and any other issues arising under the Plan;

w Resolve and/or clarify any ambiguities, inconsistencies and omissions arising under the official Plan documents including this booklet or other Plan documents;

w Approve or deny benefit claims; and

w Determine the standard of proof required in any case.

Please note that this list is for illustration purposes only and is not meant to be exhaustive of the types of determinations and interpretations under the control of the Board of Trustees or its designates.

Any and all determinations and interpretations made by the Board of Trustees or its designees are final and binding on all participants, beneficiaries and any other individuals claiming benefits under the Fund.

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TERMINATION/AMENDMENT OF THE PLAN

The Trustees of the Plan have the right to terminate or amend the Plan in their sole discretion at any time for any reason. If the Agreement and Declaration of Trust which established the Fund becomes inoperative, the Trustees must terminate the Plan. Furthermore, if the company that sponsors the Plan jointly with the Guild goes out of business, and the business is not continued by a successor company, the Plan would terminate.

Allocation of Plan Assets Under a TerminationAlso, if the Plan terminates, its assets will be allocated as described below:

Savings Part

Under the Savings Part, the Plan assets are always allocated to the Member’s account(s). If the Plan is terminated, non-vested Members will become fully vested. However, amounts necessary to provide for the expenses associated with Plan termination will be deducted from the Plan’s savings assets.

Pension Part

Under the Pension Part, the Plan’s assets are not generally allocated to individual participants. Consistent with federal law, upon termination, the Plan assets will be shared among participants and beneficiaries in the following order:

1. Benefits attributable to your voluntary contributions and the earnings thereon

2. Certain annuities that participants have been receiving or could have been receiving for three years prior to Plan termination.

3. Other vested benefits guaranteed by the Pension Benefit Guaranty Corporation (PBGC).

4. Other vested benefits.

5. All other benefits under the Plan.

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PBGC PROTECTION

Your pension benefits under this Plan are insured by the Pension Benefit Guaranty Corporation (PBGC), a federal insurance agency. If the Plan terminates (i.e., ends) without enough money to pay all benefits, the PBGC will step in to pay pension benefits. Most people receive all of the pension benefits they would have received under their Plan, but some people may lose certain benefits.

The PBGC guarantee generally covers: (1) normal and early retirement benefits; (2) disability benefits if you become disabled before the Plan terminates; and (3) certain benefits for your survivors.

The PBGC guarantee generally does not cover: (1) benefits greater than the maximum guaranteed amount set by law for the year in which the Plan terminates; (2) some or all of benefit increases and new benefits based on Plan provisions that have been in place for fewer than 5 years at the time the plan terminates; (3) benefits that are not vested because you have not worked long enough for the Employer; (4) benefits for which you have not met all of the requirements at the time the Plan terminates; (5) certain early retirement payments (such as supplemental benefits that stop when you become eligible for Social Security) that result in an early retirement monthly benefit greater than your monthly benefit at the Plan’s normal retirement age; and (6) non-pension benefits, such as health insurance, life insurance, certain death benefits, vacation pay, and severance pay. The PBGC does not cover benefits under the Savings Part or voluntary benefits under the Pension Part of the Plan.

Even if certain of your benefits are not guaranteed, you still may receive some of those benefits from the PBGC depending on how much money the Plan has and on how much the PBGC collects from employers.

For more information about the PBGC and the benefits it guarantees, ask your plan administrator or contact the PBGC’s Technical Assistance Division, 1200 K Street N.W., Suite 930, Washington, D.C., 20005-4026 or call 202-326-4000 (not a toll-free number). TTY/TDD users may call the federal relay service toll-free at 1-800-877-8339 and ask to be connected to 4000-4000-4000.

Additional information about the PBGC’s pension insurance program is available through the PBGC’s website on the Internet at http://www.pbgc.gov.

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 57

PLAN ADMINISTRATION

Name of Plan: Newspaper Guild of New York — The New York Times Pension Plan

Plan Sponsor: The Board of Trustees of the Newspaper Guild of New York — The New York Times Pension Fund

Plan Sponsor Address: Board of Trustees Guild-Times Pension Plan 229 West 43d Street, Room 967 New York, NY 10036 212-556-1504

Employer Identification Number (EIN) Assigned by the Internal Revenue Service: 13-6220770

Plan Number: 050

Type of Plan: Defined benefit and defined contribution retirement plan

Type of Administration: Self-administered

Plan Administrator: The Board of Trustees of the Newspaper Guild of New York — The New York Times Pension Fund 229 West 43d Street, Room 967 New York, NY 10036 212-556-3526

Fund Manager: Fund Administrator

Agent for Service of Legal Process: The Trustees are the agent for service of legal process.Plan Trustees:Union Trustees Employer TrusteesBarry F. Lipton, Chairperson Charlotte BehrendtNewspaper Guild of New York 229 West 43rd Street1501 Broadwy, Room 708 New York, NY 10036New York, NY 10036

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SUMMARY PLAN DESCRIPTION • PENSION FUNDRichard Kompa Robert NusspickelNewspaper Guild of New York 229 West 43rd Street1501 Broadwy, Room 708 New York, NY 10036New York, NY 10036

William O’Meara Corinne OsbornNewspaper Guild of New York 229 West 43rd Street1501 Broadwy, Room 708 New York, NY 10036New York, NY 10036

Arthur Mulford Jay McKillopNewspaper Guild of New York 229 West 43rd Street1133 Avenue of Americas New York, NY 10036New York, NY 10036

Plan Year: The financial records of GTP are kept on a calendar year basis.

Legal Counsel: O’Dwyer & Bernstien Proskauer Rose LLP 52 Duane Street 1585 Broadway New York, NY 10007 New York, NY 10036

COLLECTIVE BARGAINING AGREEMENT AND PLAN FUNDING:

The Fund was established under the terms of collective bargaining agreements between The New York Times, Interstate Broadcasting Company, WQXR, Electronic Media Company, Times Digital and the Newspaper Guild of New York. The current agreements expire on March 30, 2011. These agreements establish the amount of the contributions from the employers to the Fund. You can review or obtain a copy of the agreements through a written request to the Plan Administrator at the Fund office, The New York Times, WQXR or the Newspaper Guild of New York.

These contributions are made to a qualified tax-exempt trust fund. This money is reserved for payments on behalf of Plan participants and for reasonable administrative expenses. It cannot be used for any other purpose, and it cannot be withdrawn by either the employers or the union.

The financial activities of the Fund are audited annually by a firm of certified

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 59

public accountants, Pustorino, Puglisi & Co., 515 Madison Avenue, New York, NY 10022.

PLAN DOCUMENTS:

This booklet summarizes the benefits under GTP and is provided to you free of charge. You may receive, for a reasonable charge, additional copies of this booklet. While essential points of the Plan are explained, the booklet does not attempt to cover all the details. These can be found in the formal Plan text, which legally governs the operation of GTP. That document, the collective bargaining agreements, etc., are available for review by Members and their beneficiaries through the GTP office, Monday through Friday, 9 a.m. to 5 p.m., excluding holidays.

ACCUMULATION OF ASSETS:

Since January 1, 1966, pension assets of the Guild-Times Pension Fund have been accumulated and invested under the terms of a trust agreement between the Trustees and the Chase Manhattan Bank, N.A. The address for Chase Manhattan Bank, N.A. is 3 Chase MetroTech Center, 7th Floor, Brooklyn, NY 11245.

Since March 8, 1978, some pension assets of the Fund have also been accumulated and invested under the terms of a trust agreement between the Trustees and the Amalgamated Bank of New York. The address for the Amalgamated Bank of New York is 11-15 Union Square, New York, NY 10003.

In addition, certain pension and savings assets of the Fund are also invested in guaranteed investment contracts (GICs) with several insurance companies. All of the contracts will mature by the end of the calendar year and reinvestment will be made through the trust agreements mentioned above.

In the future, the Trustees may make other lawful and prudent investments with other institutions.

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SUMMARY PLAN DESCRIPTION • PENSION FUND

YOUR RIGHTS UNDER ERISA

As a participant in the Plan, you are entitled to certain rights and protections under the Employer Retirement Income Security Act of 1974 (ERISA). ERISA provides that all plan participants shall be entitled to:

RECEIVE INFORMATION ABOUT YOUR PLAN AND BENEFITS

Examine, without charge, at the plan administrator’s office, all documents governing the plan, including 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.

Obtain, upon written request to the plan administrator, copies of documents governing the operation of the plan, including collective bargaining agreements, and copies of the latest annual report (Form 5500 Series) and updated summary plan description. The administrator may make 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 receive a pension at normal retirement age (age 65) and if so, what your benefits would be at normal retirement age if you stop working under the plan now. If you do not have a right to a pension, the statement will tell you how many more years you have to work to get a right to a pension. This statement must be requested in writing and is not required to be given more than once every twelve (12) months. The plan must provide the statement free of charge.

PRUDENT ACTIONS BY PLAN FIDUCIARIES

In addition to creating rights for plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your plan, called “fiduciaries” of the plan, have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries. No one, including your employer, your union,

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 61

or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a pension benefit or exercising your rights under ERISA.

ENFORCE YOUR RIGHTS

If your claim for a pension 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 the above rights. For instance, if you request a copy of plan documents or the latest annual report from the plan and do not receive them within 30 days, you may file suite in a Federal court. In such a case, the court may require the plan administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the administrator. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or Federal court. In addition, if you disagree with the plan’s decision or lack thereof concerning the qualified status of a domestic relations order, you may file suit in Federal court. If it should happen that plan fiduciaries misuse the plan’s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.

ASSISTANCE WITH YOUR QUESTIONS

If you have any questions about your plan, you should contact the plan administrator. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the plan administrator, you should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C., 20210.

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SUMMARY PLAN DESCRIPTION • PENSION FUNDYou may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration.

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Guild-Times College Scholarship Fund

Summary Plan Description

Effective July 1, 2006

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 1

INTRODUCTION

The Newspaper Guild and the New York Times (and the other contributing employers) jointly recognize the role of higher education in helping children of Guild members reach their full potential. That is the primary purpose of the Guild-Times Scholarship Fund (the “Fund”) and its plan of benefits (the “Plan”).

This document provides highlights of the Fund’s operations as of July 1, 2006, and also serves as a Plan document and summary plan description within the meaning of the Employee Retirement Income Security Act of 1974 (ERISA). This document is not a contract of employment – it neither guarantees employment or continued employment with your employer or any contributing employer, nor diminishes in any way the right of contributing employers to terminate the employment of any employee.

Please also note that no one except the Board of Trustees (and other Plan fiduciaries and individuals to whom the Board of Trustees has delegated responsibility for administration of the Plan) has the authority to interpret the Plan, including this booklet or the other official Plan documents, to make any promises to you about it, or to change the provisions of the Plan. In the event of any inconsistency between this document and other Plan documents, such as the collective bargaining agreement, the Plan documents will control.

WHO IS ELIGIBLE

Your unmarried natural, or adopted child(ren) who rely on you for support and qualify to be declared as a deduction on your federal income tax return may apply for awards from the Guild-Times Scholarship Fund as long as:

ß you are an employee of The Times, WQXR, Electronic Media Company or Times Digital who is in Guild jurisdiction and you have completed at least six months of service

ß your child(ren) relies on you for support and qualifies as a dependent under Internal Revenue Service regulations. You may be asked to provide a copy of your federal income tax return as proof of dependency.

The dependent child(ren) of domestic partners as well as the dependent child(ren) of eligible employees who died in service or who are retired under the Pension Plan or died following such retirement may also apply. However, application must be made no later than one year after such

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SUMMARY PLAN DESCRIPTION • COLLEGE SCHOLARSHIP FUNDretirement or death.

The Scholarship Fund considers a person to be your domestic partner when:

ß the relationship with you is exclusive and one of mutual support, caring and commitment

ß the intent is for the relationship to be permanent

ß you and your domestic partner live together in the same permanent residence and are jointly responsible for common expenses

ß you and your domestic partner are not married to anyone else

ß you and your domestic partner are not related by blood closer than would bar marriage under the law, and

ß you and your domestic partner are 18 years of age or older and are mentally competent to contract.

A dependent child of a domestic partner is eligible for coverage if:

ß the child is unmarried and lives in the same household as you and your domestic partner or is a full-time student and lists your address as the primary place of residence

ß you assume full responsibility and control, including all debts incurred by the child, such as charges for health care services and supplies, and

ß you or your domestic partner are the biological or adoptive parent of the child.

The applicant must be a high school senior or college student, and attend or plan to attend an accredited college or university on a full-time basis to pursue one of the following:

ß a bachelor’s degree,

ß a degree to become a Registered Nurse, or

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 3

ß an associate degree.

FUNDING

The Guild-Times Scholarship Fund is funded separately from the Guild-Times Pension Fund and the Guild-Times Benefits Fund.

Under the current collective bargaining agreement, 0.109 percent of the straight-time payroll is paid into the Fund on a monthly basis by The Times, WQXR, Times Digital or Electronic Media Company.

AWARDS

The Trustees designate a panel of four educators who select the winners of the awards for a single year based on academic achievement and potential, as determined by the panel, in its sole and absolute discretion. The Fund will provide scholarships only to those selected by the panel, and the Board of Trustees does not generally second-guess the panel’s determination as to the individuals who exhibit the most academic achievement and potential.

The amount and number of the awards is determined by the Trustees based on the available funds each year. Information regarding the number and amount of awards in a particular year will be contained in the application materials (although the Trustees may decide to change the number and amount after applications are distributed).

If the panel of educators determines that a student who has previously been awarded a scholarship continues to meet the criteria of academic achievement and potential, that student will be given priority for scholarship renewal until completion of the student’s degree, to a maximum of four years (although the panel may decide, in its discretion, that notwithstanding the priority, it will not renew a scholarship because other students are more deserving of it). However, if the student is no longer eligible, either because of his or her own actions or because the parent is no longer eligible (for example, if your service has ended and you are not a retired employee), no additional awards will be granted.

APPLICATIONS

Application forms are mailed after January 20 each year to all eligible dependents for whom the Fund has the requisite information. If your

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SUMMARY PLAN DESCRIPTION • COLLEGE SCHOLARSHIP FUNDdependent does not receive an application, please contact the Fund office to obtain one because the Fund does not generally grant extensions of the application deadline even if the dependent was not automatically sent an application.

In addition to an application form, you must submit all documentation required by the Trustees, which may include, among other things, transcripts, references, proof of enrollment, etc.). The deadline for submitting an application for Guild-Times Scholarship Fund awards is March 1 before the academic year for which the application is being made. The completed application forms (and any additional documentation) must be sent to the address specified on the form.

The applicant will be sent written notice of the panel of educators’ decision on or about June 1 of any year in which an application for an award is submitted. If the applicant wins an award, the amount of that award will be included in the notification.

OTHER IMPORTANT FACTS ABOUT THE SCHOLARSHIP FUND

Official Name: The Newspaper Guild of New York – The New York Times College Scholarship Fund

Plan Sponsor Name and Address: The Newspaper Guild of New York -

The New York Times College Scholarship Fund229 West 43d StreetNew York, NY 10036212-556-3526

Employer IdentificationNumber (EIN) Assigned by the InternalRevenue Service: 13-6174202

Plan Number: 501

Type of Plan: Welfare plan providing scholarship benefits

Plan Administrator: The Board of Trustees

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NEWSPAPER GUILD OF NEW YORK • THE NEW YORK TIMES • PAGE 5

Fund Manager: Fund Administrator

Type of Administration: Self-administered

Agent for ServiceLegal Process: The Board of Trustees is the agent for

service of legal process or, on the Trustees’ behalf, Fund Administrator at 229 West 43rd Street, New York, NY 10036. Service of process may also be made on any individual Trustee.

Plan Trustees: Correspondence or inquiries addressed to the Trustees may be sent to:Newspaper Guild of New York–The New York Times Scholarship FundRoom 967229 West 43d StreetNew York, NY 10036

The Trustees are:

Appointed by The Guild Appointed by The Times

Nancy Bachrach Steve Marcus229 West 43rd Street 229 West 43rd StreetNew York, NY 10036 New York, NY 10036

Randall Etherton Charlotte Behrendt229 West 43rd Street 229 West 43rd StreetNew York, NY 10036 New York, NY 10036

Arthur Mulford Corinne Osborn1133 Avenue of the Americas 229 West 43rd StreetNew York, NY 10036 New York, NY 10036

Plan Year: January–December

Legal Co-Counsel: O’Dwyer & Bernstien Proskauer Rose LLP

A complete list of the employers and employee organizations sponsoring the Plan may be obtained by participants and beneficiaries upon written request

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SUMMARY PLAN DESCRIPTION • COLLEGE SCHOLARSHIP FUNDto the Board of Trustees and is available for examination by participants and beneficiaries. Participants and beneficiaries may also receive from the Plan Administrator, upon written request, information as to whether a particular employer or employee organization is a sponsor of the Plan and, if the employer or employee organization is a Plan sponsor, the sponsor’s address.

COLLECTIVE BARGAINING AGREEMENT AND PLAN FUNDING:

The Fund was established under the terms of collective bargaining agreements between The New York Times and the Newspaper Guild of New York, Electronic Media Company and The Newspaper Guild of New York, and between WQXR and the Newspaper Guild of New York. The current agreements expire on March 30, 2011. These agreements require contributions from the employers to the Fund. You can review a copy of the agreements through a written request to the Plan Administrator at the Fund office, The New York Times, WQXR, Electronic Media Company or the Newspaper Guild of New York.

The Plan is funded solely through employer contributions to a tax-exempt trust fund. Additional income may be generated by investments. This money is reserved for payments in behalf of Plan participants and for reasonable administrative expenses. It cannot be used for any other purpose, and it cannot be withdrawn by either the employers or the union.

The financial activities of the Fund are audited annually by a firm of certified public accountants, Pustorino, Puglisi & Co., 515 Madison Avenue, New York, NY 10022.

APPEALS PROCESS

If, for any reason, you feel that you are not receiving the benefits to which you are entitled under the terms of the Plan, you can make a claim for benefits by writing to the Fund office. Please remember, however, that the panel’s selection of scholarship award recipients from among the eligible applicants is solely within the panel’s discretion.

If you do file a claim for benefits with the Fund office, you will be notified of the acceptance or denial of your claim within 90 days from the date the Fund office receives your claim. This period may be extended for up to an additional 90 days, and you will be notified in writing if that is the case. If

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your claim is wholly or partially denied, you will receive written notice of the determination, which explains the reason for the determination, the specific Plan provision on which it is based, a description of additional material needed, and a description of the Plan’s review procedures. If your claim has been denied, you can file an appeal in writing with the Board of Trustees, but you must do it within 60 days after you received notice of the denial. You will have the right to submit written comments, documents, records, and other information relating to the claim. You will also receive, upon written request and free of charge, with reasonable access to (and copies of) all documents, records, and other information relevant to the claim. The Board of Trustees will make a final written decision on a claim review at its next regularly scheduled meeting following receipt of your request for review, unless the request is filed less than thirty (30) days prior to the next regularly scheduled meeting, in which case a decision will be made by no later than the date of the second regularly scheduled meeting following receipt of the request for review. If special circumstances require an extension of time for processing the request for review, the decision may be made at the third meeting following receipt of such request, in which case you will be notified.

You will be notified in writing of the determination on review within 5 days after it is made. If your appeal is denied, the notice will include the same type of information provided to you in connection with the initial denial, plus a statement of your right to bring a civil action under Section 502(a) of ERISA. Keep in mind that you cannot commence an action in court until you exhaust the Plan’s review procedures.

INTERPRETING THE PLAN

The Board of Trustees (and/or its duly authorized designee(s)) has the exclusive right, power, and authority, in its sole and absolute discretion, to administer, apply and interpret the Plan, including this Summary, the Trust Agreement and any other Plan documents, and to decide all matters arising in connection with the operation or administration of the Fund or the trust underlying it. Without limiting the generality of the foregoing, the Board of Trustees (and/or its duly authorized designee(s)) shall have the sole and absolute discretionary authority to:

ß Take all actions and make all determinations with respect to the eligibility for, and the amount of benefits payable under, the Plan;

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SUMMARY PLAN DESCRIPTION • COLLEGE SCHOLARSHIP FUNDß Decide questions, including legal or factual questions, relating to

the calculation and payment of benefits under the Plan;

ß Formulate, interpret and apply rules, regulations and policies necessary to administer the Plan in accordance with its terms;

ß Interpret the provisions of all Plan documents, this SPD, any collective bargaining or participation agreement, the Trust Agreement and any other document or instrument involving or impacting the Plan;

ß Resolve and/or clarify any ambiguities, inconsistencies and omissions arising under the Plan, including this SPD, the Trust Agreement or other Plan documents;

ß Process and approve or deny benefit claims and rule on any benefit exclusions; and

ß Determine the standard of proof in any case.

Please note that this list is for illustration purposes only and is not meant to be exhaustive of the types of determinations and interpretations under the control of the Board of Trustees or its designates.

Any and all such determinations and interpretations made by the Trustees shall be final and binding upon any individual claiming benefits under the Plan, upon all employees, all contributing employers, and the Union, and shall be given deference in all courts of law, to the greatest extent allowable by applicable law.

AMENDING, MODIFYING OR TERMINATING THE PLAN

While the Board of Trustees hopes to be able to continue the Plan indefinitely, the Board of Trustees reserves the right, in its sole and absolute discretion, to amend, modify or terminate the benefits provided under the Plan, in whole or in part, for any reason and at any time. If the Plan is amended, modified or terminated, the ability of members and dependents (including retirees) to participate in the Plan, receive benefits, and the type or amount of benefits received may be modified or terminated. Among other things, the Board of Trustees is empowered to do any of the following, and more:

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ß Change the rules for who’s eligible to participate and receive benefits

ß Enhance or diminish the amount of benefits

ß Add or eliminate particular types of benefits

ß Substitute certain benefits for others

All benefits provided under the Plan and eligibility rules

ß Are not guaranteed;

ß May be changed or discontinued by the Board of Trustees at any time, in its sole and absolute discretion;

ß Are subject to the rules and regulations adopted by the Board of Trustees; and

ß Are subject to the Trust Agreement that establishes and governs the Plan’s operations, the collective bargaining agreements and the Plan’s contracts with other vendors.

Under no circumstances will any person obtain a vested or non-forfeitable right to receive, directly or indirectly, any benefits provide by, or assets of, the Plan.

Without limiting any other Plan provision for the discontinuance of coverage, your coverage under the Plan will be terminated when the Plan terminates or when you are no longer eligible to receive benefits under the Plan, whichever occurs first.

YOUR RIGHTS UNDER ERISA

As a participant in the Scholarship Fund, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974, as amended (ERISA). ERISA provides that all Plan participants shall be entitled to:

Receive Information About Your Plan and Benefits

ß Examine, without charge, at the Fund office and at other specified

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SUMMARY PLAN DESCRIPTION • COLLEGE SCHOLARSHIP FUNDlocations, such as worksites and union halls, all documents governing the Plan, including collective bargaining agreements, and a copy of the latest annual report (Forms 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.

ß Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the Plan, including collective bargaining agreements, and copies of the latest annual report (Forms 5500) Series) and updated summary plan description. The Plan Administrator may make a reasonable charge for the copies.

ß 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.

Prudent Actions by Plan Fiduciaries

ß In addition to creating rights for Plan participants ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your Plan, called "fiduciaries" of the Plan, have a duty to do so prudently and in the interest of you and other Plan participants and beneficiaries. No one, including your employer, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a training benefit or exercising your rights under ERISA.

Enforce Your Rights

ß If your claim for a 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.

ß Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a copy of Plan documents or the latest annual report from the Plan and do not receive them within 30 days, you may file suit in a Federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $110 a day until you receive the

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materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator. If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or Federal court. In addition, if you disagree with the Plan's decision or lack thereof concerning the qualified status of a domestic relations order, you may file suit in Federal court. If it should happen that Plan fiduciaries misuse the Plan's money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court. The court will decide who should pay court costs and legal fees. If you are successful the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.

Assistance with Your Questions

ß If you have any questions about your Plan, you should contact the Plan Administrator. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the Plan Administrator, you should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration.