Lucky Stores, Inc. and Subsidiaries - Page 5

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          Southern California UFCW                     April 1 -                      
                                                       March 31                       

               Contributions to each CBA Plan that were attributable to               
          covered hours or weeks worked in a given month were due on the              
          20th of the month following the month in which the hours were               
          worked or compensated for.  (The parties stipulated that                    
          contributions were due on the 30th of each month, but in her                
          testimony Sandra Turpen, the administrator of the Northern                  
          California Retail Clerks' Employer Benefit Fund, gave the more              
          precise statement of the due date for contributions.)  An account           
          was considered delinquent if the payment was not received by the            
          last day of the month.                                                      
               During the calendar years 1985, 1986, and 1987, more than              
          one thousand employers made contributions to the CBA Plans on               
          behalf of thousands of unionized employees and their                        
          beneficiaries.  At all times between January 1, 1985 and December           
          31, 1987 (the relevant period), each of the CBA Plans qualified             
          as a multiemployer pension plan within the meaning of the                   
          Employee Retirement Income Security Act of 1974 (ERISA) and was a           
          plan to which section 413(b) and Subtitle E of Title IV of ERISA            
          applied.  At all times during the relevant period, each of the              
          CBA Plans was qualified under section 401(a) as a pension plan              
          and, accordingly, the trusts related to each CBA Plan were exempt           
          from taxation under section 501.                                            

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Last modified: May 25, 2011