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2011 ERICA Advisory Council Hedge Funds and Private Equity Funds Testimony of Jennifer E. Elder Groom Law Group, Chartered Washington, D.C. August 31, 2011, GROOM LAW GROUP, CHARTERED 1701 Pennsylvania

Each investment project has come under various forms of government oversight. These plans are all complex and multi-faceted. Each is designed to serve the needs of many employees including employees who have died. As such, the plans, by necessity, are multi-layered. In the following essay, I would like to take a closer look at some nuances and intricacies to the ERICA Investment Company Plan. I hope this will help you to understand a basic amount of what goes on behind closed doors of the ERICA investment company plan, and help you to determine if it would be in your best interests to work with me on a project you are considering. II. I. Overview of the Investment Company Plan The Investment Company Plan (ICP) is the most common type of retirement plan offered by large employers. It provides eligible employees an opportunity to receive the savings made possible through the investment by participating in a pool of money that is not the primary investment portfolio of the employer. There are generally two ways to invest in the investment company plan. The first is to purchase ERICA shares through a brokerage firm. The second way is to purchase ERICA shares directly from the ERICA plan company. ERICA plan company shares are usually listed on the NASDAQ Stock Market. All ERICA plan company shares are traded with a ticker symbol of ERS and trade from the investor's broker. Investors can purchase ERICA plan company shares by either investing directly through a broker or through a distribution of ERICA plans as a result of employee death. The distribution is referred to as compensation. Compensation is the distribution of the investment company plan assets into an investment portfolio that would result in retirement savings that are not the primary investment portfolio. In a distribution of ERICA plans where the plan sponsor is a single-employer, the funds are distributed to employees as a result of the death of the employee. Compensation distributions are generally paid to the surviving spouse or, if more than one was living at the time of death, the surviving child. If the employee was at least 55 years of age, the distribution would be paid to the oldest surviving spouse. This is called a “probate” distribution. The distribution would typically be made in equal installments over a period of years, although in some cases of extreme hardship, the entire accumulated retirement savings of the employee would be made whole. The ERICA plan has an annual distribution rate of 2.50% of the total assets on an ERICA tax year basis.

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