V.R. DeAngelis M.D.P.C. & R.T. Domingo M.D.P.C., V. R. DeAngelis M.D.P.C., Tax Matters Partner, et al. - Page 14

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               STEP, Inc., also served as the STEP plan sponsor from the              
          plan’s inception until April 1, 1992.  U.S. Trust served as the             
          successor plan sponsor from April 1, 1992, until February 14,               
          1997, when first STEP, Inc., and subsequently Teplitzky & Co.               
          took over as successor plan sponsor.  On February 7, 2002,                  
          Teplitzky & Co. resigned as plan sponsor and appointed SPSI as              
          the successor plan sponsor.                                                 
               During the subject years, Teplitzky & Co., acting as the               
          STEP plan administrator, ran the daily operation of the STEP                
          plan.  U.S. Trust, as plan sponsor, interacted with the insurance           
          companies whose policies were owned by the STEP plan and                    
          conducted the plan’s marketing activities.                                  
               D.  Marketing Documents                                                
               The STEP plan marketing documents set forth detailed                   
          examples of when severance benefits would and would not be paid             
          under the plan.7  These examples allowed individuals covered by             
          the plan to time their departures from their businesses and to              
          phrase their requests for severance benefits so that benefits               
          would be paid to them under the STEP plan as they anticipated.              
          The STEP plan marketing documents warned participants that                  
          “Benefits accrued for an employee are forfeited if the employee             
          does not qualify for benefits under a bona fide severance as                

               7 Upon adopting the plan, each participating employer also             
          was provided examples of qualifying severance events.                       

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