þ | ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934. |
o | TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934. |
A. | Full title of the plan and the address of the plan, if different from that of the issuer named below: |
B. | Name of issuer of the securities held pursuant to the plan and the address of its principal executive office: |
Page | ||
1 | ||
Financial Statements: |
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2 | ||
3 | ||
4 14 | ||
Supplemental Schedules: |
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15 | ||
16 | ||
17 | ||
EX-23 CONSENT OF KPMG LLP |
19 |
1
2010 | 2009 | |||||||
Assets: |
||||||||
Cash and investments: |
||||||||
Cash |
$ | 1,611 | $ | 1,720 | ||||
Investments: |
||||||||
Money market instruments |
87,542 | 88,660 | ||||||
Common stock |
3,284,061 | 2,684,527 | ||||||
Insurance Company Investment Contracts: |
||||||||
Pooled separate accounts |
3,212,583 | 2,634,200 | ||||||
Stable value fund |
1,558,616 | 1,454,264 | ||||||
Total cash and investments |
8,144,413 | 6,863,371 | ||||||
Receivables: |
||||||||
Participants contributions |
48,321 | 43,244 | ||||||
Employers contributions |
5,668 | 5,602 | ||||||
Dividends receivable |
13,147 | 9,943 | ||||||
Other |
1,098 | 5,308 | ||||||
Total receivables |
68,234 | 64,097 | ||||||
Total assets |
$ | 8,212,647 | $ | 6,927,468 | ||||
Liabilities: |
||||||||
Other liabilities |
$ | 22,545 | $ | 10,735 | ||||
Total liabilities |
22,545 | 10,735 | ||||||
Net assets available for benefits |
$ | 8,190,102 | $ | 6,916,733 | ||||
2
Additions to net assets attributed to: |
||||
Investment income: |
||||
Net appreciation in fair value of investments |
$ | 761,966 | ||
Dividends |
42,598 | |||
Interest and other |
43,293 | |||
Total investment income |
847,857 | |||
Contributions: |
||||
Participants |
682,914 | |||
Employer |
190,249 | |||
Total contributions |
873,163 | |||
Total additions |
1,721,020 | |||
Deductions from net assets attributed to: |
||||
Benefits and withdrawals |
423,239 | |||
Administrative fees |
24,412 | |||
Total deductions |
447,651 | |||
Net increase |
1,273,369 | |||
Net assets available for benefits at beginning of year |
6,916,733 | |||
Net assets available for benefits at end of year |
$ | 8,190,102 | ||
3
(1) | Description of the Plan | |
The following description of Oriental Financial Group, Inc. CODA Profit Sharing Plan (the Plan) provides only general information. Participants should refer to the plan agreement for a more complete description of the Plans provisions. |
(a) | General | ||
The Plan was organized on January 1, 1992 as a defined contribution plan originally maintained by Oriental Bank and Trust (the Bank) for the benefit of its employees and those of its affiliated companies, who are residents of Puerto Rico and are age 21 or older. The Plan is intended to be a qualified plan pursuant to Section 1165(a) of the Puerto Rico Internal Revenue Code of 1994, as amended (the PRIRC). It contains a cash or deferred arrangement qualifying under Section 1165(e) of the PRIRC and is subject to the provisions of the Employee Retirement Income Security Act of 1974, as amended (ERISA). Effective January 1, 2011, the Plan is intended to be a qualified plan pursuant to Sections 1081.01(a) and (d) of the Internal Revenue Code for a New Puerto Rico, Act No.1 of January 31, 2011 (the IRCPR). The Employer intends to amend the Plan in compliance with the provisions of Sections 1081.01(a) and (d) of IRCPR, and intends to submit the Plan to the PR Treasury to obtain an updated favorable determination letter as to the Plans Puerto Rico tax qualified status under the IRCPR. | |||
Effective January 1, 2005, the Plan was amended and restated in its entirety due to the acquisition of Caribbean Pensions Consultants, Inc. (CPC), a U.S. based affiliated company. Effective on said date, Oriental Financial Group Inc. (the Employer) became the sponsor of the Plan. In addition, effective January 1, 2005, the Plan is also intended to be a qualified plan pursuant to Sections 401(a) and (k) of the U.S. Internal Revenue Code of 1986 (the U.S. Code), as amended. | |||
Effective January 1, 2009, the Plan was amended and restated to, among others, change the name of the Plan from Oriental Bank & Trust CODA Profit Sharing Plan to Oriental Financial Group, Inc. CODA Profit Sharing Plan, include automatic enrollment provisions, and to be in compliance with the provisions of the U.S. Code. On June 18, 2010, the Puerto Rico Treasury Department (the PR Treasury) issued a favorable determination letter as to the qualified status of the Plan under Sections 1165(a) and (e) of the PRIRC effective January 1, 2009. On March 11, 2011, the U.S. Internal Revenue Service issued a favorable determination letter as to the qualified status of the Plan under Sections 401(a) and (k) of the U.S. Code. | |||
(b) | Contributions | ||
Each year, participants may contribute an amount not to exceed the maximum deferral amount specified by Puerto Rico tax law ($9,000 for tax years ended December 31, 2010 and 2009, respectively). Participants may also contribute amounts representing distributions from other Puerto Rico and U.S. qualified defined benefit or contribution plans. Participants direct the investment of their contributions into various investment options offered by the Plan. The Plan currently offers pooled separate accounts, a stable value fund, and shares of common stock of the Employer as investment options for participants. The Employer currently matches 80% of the participants contributions up to a maximum of $832 per year as discretionary matching contributions. The Employers matching contributions are invested directly in the Employers common stock. Contributions are subject to certain limitations. |
4
The IRCPR gradually increases the maximum allowable pre-tax contributions as follows: | |||
For tax years: |
Ending on or before December 31, 2011 |
$ | 10,000 | ||
Ending on or before December 31, 2012 |
$ | 12,000 | ||
Ending on or before December 31, 2013 |
$ | 15,000 |
(c) | Participant Accounts | ||
Each participants account is credited with the participants contribution and allocations of (a) the Employers contribution and (b) Plan earnings, and charged with an allocation of administrative fees. Allocations are based on participant earnings or account balances. The benefit to which a participant is entitled is the benefit that can be provided from the participants vested account. | |||
(d) | Vesting | ||
Participants are immediately vested in their contributions plus actual earnings thereon. The Employers contribution portion of their accounts plus actual earnings thereon vest upon the occurrence of any of the following events: completion of three years of credited service; attaining age 65; total disability while employed by the Employer; or death while employed by the Employer. | |||
(e) | Payment of Benefits | ||
On termination of service due to death, disability, or retirement, a participant may elect to receive the value of the vested interest in his or her account in either a lump-sum distribution, a fixed period that may not exceed the participants life expectancy or through a fixed annuity contract. For termination of service for other reasons, a participant may receive the value of the vested interest in his or her account as a lump-sum distribution. | |||
(f) | Loans to Participants | ||
The Plan does not allow for loans to participants. | |||
(g) | Forfeited Accounts | ||
Employer contributions that are not vested upon termination of employment are forfeited and may be used to reduce future contributions to the Plan by the Employer. For the years ended December 31, 2010 and 2009, forfeitures totaling approximately $7,000 and $6,000, respectively, were used to offset employer contributions. | |||
(h) | Plan Termination | ||
Although it has not expressed any intent to do so, the Employer has the right under the Plan to discontinue its contributions at any time and to terminate the Plan subject to the provisions of ERISA. In the event of plan termination, participants will become 100% vested in their Employers contributions. |
(2) | Summary of Significant Accounting Policies | |
Following are the significant accounting policies followed by the Plan: |
(a) | Basis of Presentation | ||
The accompanying financial statements have been prepared under the accrual method of accounting. |
5
Investment contracts held by a defined contribution plan are required to be reported at fair value. However, for a defined contribution plan attributable to fully benefit-responsive investment contracts, such as the stable value fund, the contract value is the relevant measurement attribute for that portion of the net assets available for plan benefits since it is the amount participants would receive if they were to initiate permitted transactions under the terms of the Plan. The statement of net assets available for benefits presents the fair value of the investment contracts. For the stable value fund, the contract value of each participant account approximates the fair value of its share. | |||
(b) | Use of Estimates | ||
The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires the plan administrator to make estimates and assumptions that affect the reported amounts of assets and liabilities and changes therein, and disclosure of contingent assets and liabilities. Actual results could differ from those estimates. | |||
(c) | Risks and Uncertainties | ||
The Plan invests in various investment instruments. Investment securities are exposed to various risks, such as interest rate, credit, and market risks. Due to the level of risk associated with certain investment securities, it is reasonably possible that changes in the values of investment securities will occur in the near term and that such changes could materially affect participants account balances and the amounts reported in the statements of net assets available for plan benefits. | |||
(d) | Investments Valuation and Income Recognition | ||
The pooled separate accounts with Transamerica Life Insurance Company (Transamerica) are stated at fair value as reported to the plan by Transamerica, based on the quoted market prices of the underlying mutual funds. The unit value of the pooled separate account is calculated by dividing the total value of the assets of the separate account by the number of units in the separate account. For separate accounts that invest exclusively in mutual funds, the total value of the assets of the separate account is based on the net asset value (NAV), or price per share, of the underlying mutual fund. The mutual fund calculates its NAV by dividing the mutual funds net assets by the mutual funds outstanding number of shares. Those separate accounts investing in mutual funds or equity securities are measured using quoted prices in active markets for identical assets. Those separate accounts directly investing in fixed maturity securities are measured based on the pricing data provided by outside valuation service providers who in turn generally use the mean of bid and ask prices but may also use alternative observable pricing inputs for certain securities. The stable value fund is valued at contract value, and is based on its beginning balance plus any deposit and credited interest, less any withdrawals, charges, or expenses, a measurement which approximates fair value. Shares of common stock are valued at quoted closing market prices. Money market instruments are stated at fair value, which approximates cost plus accumulated interest earnings less distributions to date. | |||
Purchases and sales of securities are recorded on a trade-date basis. Interest income is recorded on the accrual basis. Dividends are recorded on the ex-dividend date. Net appreciation includes the Plans gains and losses on investments bought and sold as well as held during the year. | |||
(e) | Payments of Benefits | ||
Benefits are recorded when paid. |
6
(f) | Plan Expenses | ||
Under the group annuity contract entered with Transamerica, contract asset charges are assessed each month based on the actual combined balance of all separate accounts and the stable value fund. These charges are presented as administrative fees in the statement of changes in net assets available for benefits. | |||
Administrative expenses, including trustee, legal, auditing, and other fees, may be paid out of the invested assets unless paid by the Employer. Expenses paid and absorbed by the Employer during the year ended December 31, 2010 amounted to approximately $23,500. | |||
(g) | Subsequent Events | ||
The Plan has evaluated other events subsequent to the statement of net assets available for benefits date and prior to filing of this Annual Report on Form 11-K for the year ended December 31, 2010 and has adjusted and disclosed those events that have occurred that would require adjustment or disclosure in the financial statements. | |||
(h) | Accounting Standards Adopted During the Year: | ||
Defined Contribution Pension Plans FASB Accounting Standards Update 2010-25, Plan Accounting Defined Contribution Pension Plans (FASB ASC Topic 962) Reporting Loans to Participants by Defined Contribution Pension Plans, issued in September 2010, requires that participant loans be classified as notes receivable from participants, which are segregated from plan investments and measured at their unpaid principal balance plus any accrued but unpaid. This update is effective for fiscal years ending after December 15, 2010 and should be applied retrospectively to all prior periods presented. The implementation of this guidance did not have an impact in the Plans audited financial statements. | |||
Fair Value Measurements and Disclosures FASB Accounting Standards Update 2010-06, Fair Value Measurements and Disclosures (FASB ASC Topic 820) Improving Disclosures about Fair Value Measurements, issued in January 2010, requires new disclosures and clarifies some existing disclosure requirements about fair value measurements as set forth in FASB ASC Subtopic 820-10. This update amends Subtopic 820-10 and now requires a reporting entity to disclose separately the amounts of significant transfers in and out of Level 1 and Level 2 fair value measurements and describe the reasons for the transfer. Also, in the reconciliation for fair value measurements using significant unobservable inputs (Level 3), a reporting entity should present separately information about purchases, sales, issuances and settlements. In addition, this update clarifies existing disclosures as follows: (i) for purposes of reporting fair value measurement for each class of assets and liabilities, a reporting entity needs to use judgment in determining the appropriate classes of assets and liabilities, and (ii) a reporting entity should provide disclosures about the valuation techniques and inputs used to measure fair value for both recurring and nonrecurring fair value measurements. This update is effective for interim and annual reporting periods beginning after December 15, 2009 except for the disclosures about purchases, sales, issuances, and settlements in the roll-forward of activity in Level 3 fair value measurements. Those disclosures are effective for fiscal years beginning after December 15, 2010 and for interim periods within those fiscal years. The Plan believes that the implementation of this disclosure guidance will not have a material impact in the Plans audited financial statements. |
7
(i) | Recent Accounting Developments: | ||
Fair Value Measurements FASB Accounting Standards Update 2011-04, Fair Value Measurement (FASB ASC Topic 820) Amendments to Achieve Common Fair Value Measurement and Disclosure Requirements in U.S. GAAP and IFRSs, issued in May 2011, changes the wording used to describe many of the requirements in U.S. GAAP for measuring fair value and for disclosing information about fair value measurements. For many of the requirements, the Board does not intend for the amendments in this Update to result in a change in the application of the requirements in Topic 820. Some of the amendments clarify the Boards intent about the application of existing fair value measurement requirements. Other amendments change a particular principle or requirement for measuring fair value or for disclosing information about fair value measurements. This update is effective for interim and annual reporting periods beginning after December 15, 2011. Early application by public entities is not permitted. The Plan believes that the implementation of this guidance will not have a material impact in the Plans audited financial statements. | |||
Other accounting standards that have been issued by FASB or other standards-setting bodies are not expected to have a material impact on the Plans statement of net asset available for benefits, and the related statement of changes in net assets available for benefits. |
(3) | Investments | |
The following presents investments as of December 31, 2010 and 2009 that represent 5% or more of the Plans net assets. |
2010 | 2009 | |||||||
Nonparticipant-directed investments: |
||||||||
Oriental Financial Group Inc. common stock;
262,935 and 248,567 shares, respectively |
$ | 3,284,061 | $ | 2,684,527 | ||||
Participant-directed investments: |
||||||||
Pooled separate accounts: |
||||||||
Columbia Marsico 21st Century
46,389 and 49,823 units, respectively |
665,961 | 611,567 | ||||||
Janus Overseas Ret Opt
6,730 and 3,783 units, respectively * |
466,454 | 220,920 | ||||||
Loomis Sayles Inv Grade Bond
12,821 and 12,949 units, respectively ** |
382,251 | 347,537 | ||||||
Stable value fund: |
||||||||
Transamerica Stable Value
87,700 and 84,058 units, respectively |
1,558,616 | 1,454,264 |
* | Represents 5% or more of the Plans net assets in 2010 only. | |
** | Represents 5% or more of the Plans net assets in 2009 only. |
8
During 2010, the Plans investments (including gains and losses on investments bought and sold, as well as held during the year) appreciated in value as follows: |
Oriental Financial Group Inc. common stock |
$ | 386,681 | ||
Pooled separate accounts |
375,285 | |||
Total |
$ | 761,966 | ||
Transamerica offers a stable value fund that the participant may elect to transfer all or part of its funds. The stable value fund is considered to be a fully benefit-responsive investment contract. Contract value is the relevant measurement attribute for that portion of the net assets available for benefits. Contract value, as reported by Transamerica, is the beginning balance plus any deposit and credited interest, less any withdrawals, charges or expenses, a measurement which approximates fair value. Participants may ordinarily direct the withdrawal or transfer of all or a portion of their investment at contract value. | ||
There are no reserves against contract value for credit risk of Transamerica or otherwise. The contract value of the investment contract at December 31, 2010 and 2009 was $1,558,616 and $1,454,264, respectively. This investment seeks to protect against any loss of principal while providing returns in excess of money market funds and one-year U.S. Treasury bills. The investment has a portfolio investment rate design in which all deposits are credited with the same interest rate, credited on a daily basis, and with no set maturity. The effective credited interest rate is set monthly and effective on the first day of the month. Contract charges may reduce this return. The Transamerica Stable Value Option is not a separate account investment choice it is an investment in Transamericas general account. The average yield of the stable value fund based on actual earnings and interest credited to participants yielded 2.73% and 3.16%, respectively for the years ended December 31, 2010 and 2009. | ||
Certain events limit the ability of the Plan to transact at contract value with Transamerica. Such events include the following: (1) the Plan is changed so as to significantly affect Transamerica obligations to the contract, (2) the contract can no longer be treated as a pension plan contract, (3) the Plan is terminated, (4) failure to comply with the contract requirements, (5) failure to provide information, (6) the sum of the contract account values at any time equals $20,000 or less, or (7) the failure of the trust to qualify for exemption from federal income taxes or any required prohibited transaction exemption under ERISA. The plan administrator does not believe that any events, which would limit the plans ability to transact at contract value with participants, are probable of occurring. |
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(4) | Nonparticipant Directed Investments | |
Information about the net assets and the significant components of the changes in net assets relating to the nonparticipant directed investments is as follows: |
Net assets at December 31, 2009, Oriental Financial Group Inc.
common stock of 248,567 shares |
$ | 2,684,527 | ||
Changes in net assets during the year: |
||||
Contributions |
274,912 | |||
Transfers in |
1,102,638 | |||
Dividends |
39,394 | |||
Net appreciation |
386,681 | |||
Benefits paid to participants |
(165,527 | ) | ||
Transfers out |
(1,038,564 | ) | ||
Net increase in net assets |
599,534 | |||
Net assets at December 31, 2010, Oriental Financial Group Inc.
common stock of 262,935 shares |
$ | 3,284,061 | ||
(5) | Related-Party Transactions | |
Certain plan investments are shares of the Employers common stock. The Employer is the plan sponsor and, therefore, qualifies as a party-in-interest. At December 31, 2010 and 2009, the Plan held an investment of 262,935 and 248,567 shares of the Employers common stock, respectively. The fair value of the common stock at December 31, 2010 and 2009 was $3,284,061 and $2,684,527, respectively. | ||
The Plan has a money market account with the Bank amounting to $4,266 at December 31, 2010 ($3,369 at December 31, 2009), earning interest at 0.01% at December 31, 2010 and 2009. The Bank, who is also the Trustee, is a subsidiary of the plan sponsor and, therefore, qualifies as a party-in-interest. | ||
The recordkeeper of the Plan is CPC, an affiliate of the Employer. Fees charged by CPC for services provided were absorbed by the Employer. | ||
(6) | Income Taxes | |
The Plan is intended to be exempt from Puerto Rico and U.S. income taxes under the PRIRC, the IRCPR and the U.S. Code. The Plan is required to operate in conformity with the PRIRC, the IRCPR and the U.S. Code to maintain its qualification. | ||
The Plan was amended and restated effective January 1, 2005. The PR Treasury has determined and informed the Employer by a letter dated November 8, 2007 that effective June 1, 2007, the Plan and the related trust were qualified in accordance with the applicable sections of the PRIRC. Effective January 1, 2009, the Plan was amended and restated to, among others, change the name of the Plan from Oriental Bank & Trust CODA Profit Sharing Plan to Oriental Financial Group, Inc. CODA Profit Sharing Plan, include automatic enrollment provisions, and to be in compliance with the provisions of the U.S. Code. On June 18, 2010, the PR Treasury issued a favorable determination letter as to the qualified status of the Plan under Sections 1165(a) and (e) of the PRIRC effective January 1, 2009. On March 11, 2011, the U.S. Internal Revenue Service issued a favorable determination letter as to the qualified status of the Plan under Sections 401(a) and (k) of the US Code. The Employer intends to amend the Plan in compliance with the provisions of Sections 1081.01(a) and (d) of IRCPR, and intends to submit the Plan to the PR Treasury to obtain an updated favorable determination letter as to the Plans Puerto Rico tax qualified status under the IRCPR. |
10
U.S. generally accepted accounting principles require plan management to evaluate tax positions taken by the plan and recognize a tax liability (or asset) if the plan has taken an uncertain position that more likely than not would not be sustained upon examination by the Internal Revenue Service and the Puerto Rico Treasury Department. The Plan administrator has analyzed the tax positions taken by the Plan, and has concluded that as of December 31, 2010, there are no uncertain positions taken or expected to be taken that would require recognition of a liability (or asset) or disclosure in the financial statements. The plan is subject to routine audits by taxing jurisdictions; however, there are currently no audits for any tax periods in progress. The plan administrator believes it is no longer subject to income tax examinations for years prior to 2007. | ||
(7) | Fair Value | |
As discussed in Note 2, the Plan uses the fair value measurement framework under U.S. generally accepted accounting principles. | ||
Fair Value Measurement | ||
Fair value is the exchange price that would be received for an asset or paid to transfer a liability (an exit price) in the principal or most advantageous market for the asset or liability in an orderly transaction between market participants on the measurement date. The fair value hierarchy requires an entity to maximize the use of observable inputs and minimize the use of unobservable inputs when measuring fair value. The three levels of inputs that may be used to measure fair value: |
The following is a description of the valuation methodologies used for instruments measured at fair value: | ||
Investment securities | ||
Pooled Separate Accounts: the fair value of the investments in this category has been estimated using the NAV per share, as a practical expedient. The NAV of these accounts is based on the market value of its underlying investments. The NAV is not a public-quoted price in an active market (Level 2). There are currently no redemption restrictions on these investments, except in the Janus Overseas Ret Opt mutual fund which assesses a 2.00% fee for selling shares that had not been held for a period longer than 90 days. | ||
Stable Value Fund: valued at contract value, and is based on its beginning balance plus any deposit and credited interest, less any withdrawals, charges, or expenses, a measurement which approximates fair value (Level 2). | ||
Shares of the Employers common stock: valued at quoted closing market prices (Level 1). |
11
Money market instruments: stated at fair value, which approximates cost plus accumulated interest earnings less distributions to date (Level 1). | ||
The preceding methods described may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, although the Plan believes its valuation methods are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement at the reporting date. | ||
Investment securities measured at fair value on a recurring basis for which the Plan has elected the fair value option, are summarized below: |
December 31, 2010 | ||||||||||||
Fair Value Measurements | ||||||||||||
Level 1 | Level 2 | Level 3 | ||||||||||
Money market instruments |
$ | 87,542 | $ | | $ | | ||||||
Common stock |
3,284,061 | | | |||||||||
Pooled separate accounts |
||||||||||||
Hybrid (a) |
| 814,273 | | |||||||||
Bond (b) |
| 596,623 | | |||||||||
International Equity (c) |
| 466,454 | | |||||||||
Equity Large Cap (d) |
| 1,006,825 | | |||||||||
Equity Mid Cap (e) |
| 174,773 | | |||||||||
Equity Small Cap (f) |
| 153,635 | | |||||||||
Stable value fund |
| 1,558,616 | | |||||||||
$ | 3,371,603 | $ | 4,771,199 | $ | | |||||||
December 31, 2009 | ||||||||||||
Fair Value Measurements | ||||||||||||
Level 1 | Level 2 | Level 3 | ||||||||||
Money market instruments |
$ | 88,660 | $ | | $ | | ||||||
Common stock |
2,684,527 | | | |||||||||
Pooled separate accounts |
| | ||||||||||
Hybrid (a) |
584,092 | |||||||||||
Bond (b) |
503,892 | |||||||||||
International Equity (c) |
352,240 | |||||||||||
Equity Large Cap (d) |
916,806 | |||||||||||
Equity Mid Cap (e) |
166,661 | |||||||||||
Equity Small Cap (f) |
110,509 | |||||||||||
Stable value fund |
| 1,454,264 | | |||||||||
$ | 2,773,187 | $ | 4,088,464 | $ | | |||||||
12
(a) | The pooled separate accounts in this category primarily invest in U.S. and non-U.S. stocks, and fixed-income securities which may include bonds, cash equivalents or other money market instruments. | |
(b) | The pooled separate accounts in this category primarily invest in bonds (at least 80% of total assets), preferred stocks, cash equivalents or other money market instruments. | |
(c) | The pooled separate accounts in this category primarily invest at least 80% of assets in equity and debt securities of issuers from countries outside of the United States. | |
(d) | The pooled separate accounts in this category primarily invest in equity securities of medium and large capitalization companies, and may invest in securities of non-U.S. issuers. | |
(e) | The pooled separate accounts in this category primarily invest in domestic equity securities with growth potential, including foreign equity securities and debt securities. | |
(f) | The pooled separate accounts in this category primarily invest in common stocks contained in both the Small Cap 1750 Index and the Russell 2000 Value Index. |
There were no transfers into and out of Level 1 and Level 2 fair value measurements during the years ended December 31, 2010 and 2009. |
(8) | Reconciliation with Form 5500 | |
The following is a reconciliation of net assets available for benefits per the financial statements at December 31, 2010 to Form 5500: |
Net assets available for benefits per financial statements |
$ | 8,190,102 | ||
Amounts allocated to withdrawing participants |
(3,985 | ) | ||
Net assets available for benefits per form 5500 |
$ | 8,186,117 | ||
The following is a reconciliation of deductions from net assets attributed to benefits and withdrawals per the financial statements for the year ended December 31, 2010 to Form 5500: |
Deductions from net assets attributed to benefits
and withdrawals per financial statements |
$ | 423,239 | ||
Amounts allocated to withdrawing participants |
3,985 | |||
Amounts allocated to withdrawing participants in previous year |
(1,529 | ) | ||
Deductions from net assets attributed to benefits
and withdrawals per form 5500 |
$ | 425,695 | ||
Amounts allocated to withdrawing participants are recorded on Form 5500 for benefit claims that have been processed and approved for payment prior to December 31, 2010, but not yet paid as of that date. Total payments of $3,985 were paid on January 15, 2011 pertaining to 2010 distributions. |
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(9) | Prohibited Transaction Participants Contributions Remittances | |
In accordance with the U.S. Department of Labors Regulation 2510.3102, an employer is required to segregate participants contributions from its general assets as soon as practical when amounts are contributed by participants or withheld from their wages for a pension benefit plan such as the Plan. There were unintentional delays in the remittance of participants contributions withheld in two occasions during the year ended December 31, 2010. The Employer will absorb any costs incurred by the Plan as a result of the untimely remittances of the participants contributions. |
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Total that Constitute Nonexempt Prohibited Transactions | ||||||||||||||||||||
Participant | Contributions | Total Fully | ||||||||||||||||||
Contributions | Contributions | Pending | Corrected Under | |||||||||||||||||
Transferred Late | Contributions | Corrected | Correction in | VFCP and PTE | ||||||||||||||||
Year Ended | to Plan* | Not Corrected | Outside VFCP | VFCP | 2002-51 | |||||||||||||||
December 31, 2009 |
$ | 3,323 | | 3,323 | | | ||||||||||||||
December 31, 2010 |
$ | 8,397 | | 8,397 | | |
* | It was noted that there were unintentional delays by the employer in submitting 2010 and 2009 employees contributions in the amount of $8,397 and $3,323, respectively, to the trustee. The employer has not reimbursed the Plan for the lost interest. |
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(c) | ||||||||||
(b) | Description of investment, | |||||||||
Identity of issue, | including maturity date, rate | |||||||||
borrower, lessor, | of interest, collateral, par, | (d) | (e) | |||||||
(a) | or similar party | or maturity value | Cost | Current value | ||||||
Nonparticipant directed: | ||||||||||
* | Oriental Financial Group Inc. |
Oriental Financial Group Inc.: |
||||||||
Common Stock; 262,935 shares |
N/A | $ | 3,284,061 | |||||||
Participant directed: | ||||||||||
Transamerica |
Pooled Separate Accounts: |
|||||||||
Columbia Marsico 2lst Century; 46,389 units |
** | 665,961 | ||||||||
Janus Overseas Ret Opt; 6,730 units |
** | 466,454 | ||||||||
Loomis Sayles Inv Grade Bond; 12,821 units |
** | 382,251 | ||||||||
Transamerica AA Growth; 27,679 units |
** | 380,551 | ||||||||
Pioneer Cullen Value; 10,034 units |
** | 203,576 | ||||||||
Transamerica AA Mod Growth; 12,721 units |
** | 186,465 | ||||||||
Thornburg Core Growth; 13,177 units |
** | 174,773 | ||||||||
Transamerica AA Moderate; 10,234 units |
** | 156,155 | ||||||||
Transamerica Core Equity; 7,265 units |
** | 137,288 | ||||||||
SSgA Russell 2000 Value Index; 2,711 units |
** | 136,449 | ||||||||
Transamerica Partners Hg Yd Bd; 4,064 units |
** | 113,725 | ||||||||
Loomis Sayles Bond; 1,973 units |
** | 100,647 | ||||||||
Transamerica AA Conservative; 5,842 units |
** | 91,102 | ||||||||
Vanguard Small-Cap Index; 153 units |
** | 17,186 | ||||||||
3,212,583 | ||||||||||
Money Market Instruments: |
||||||||||
Money Market |
AIM Short Term Liquid Asset |
** | 83,276 | |||||||
* | Oriental Bank and Trust |
Money Market (0.01% yield) |
** | 4,266 | ||||||
87,542 | ||||||||||
Stable Value Fund: |
||||||||||
* | Transamerica |
Transamerica Stable Value; 87,700 units |
** | 1,558,616 | ||||||
Total |
$ | 8,142,802 | ||||||||
* | Party in interest as defined by ERISA. | |
** | Not applicable as these are participant directed. | |
N/A | Not available |
16
ORIENTAL FINANCIAL GROUP, INC. CODA PROFIT SHARING PLAN |
||
(Name of Plan) | ||
Date:
June 29, 2011
|
/s/ Norberto González | |
Norberto González | ||
Executive Vice President and | ||
Chief Financial Officer | ||
/s/ José Gabriel Díaz | ||
José Gabriel Díaz | ||
First Senior Vice President and | ||
Executive Trust Officer |
17