UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 11-K
x Annual Report Pursuant to Section 15(d) of the Securities Exchange Act of 1934 for the fiscal year ended December 31, 2009.
or
o Transition Report Pursuant to Section 15(d) of the Securities Exchange Act of 1934 for the transition period from to .
Commission file number 000-26076
SINCLAIR BROADCAST GROUP, INC.
401(k) RETIREMENT SAVINGS PLAN
(Full Title of Plan)
SINCLAIR BROADCAST GROUP, INC.
10706 BEAVER DAM ROAD
HUNT VALLEY, MD 21030
(Name of issuer of the securities held pursuant to the Plan
and address of its principal executive office)
FINANCIAL STATEMENTS AND
REPORT OF INDEPENDENT REGISTERED
PUBLIC ACCOUNTING FIRM
SINCLAIR BROADCAST GROUP, INC.
401(K) RETIREMENT SAVINGS PLAN
DECEMBER 31, 2009 AND 2008
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
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PAGE |
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1 |
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FINANCIAL STATEMENTS |
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3 |
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4 |
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5 |
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SUPPLEMENTAL SCHEDULE |
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19 |
REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
Administrative Committee
Sinclair Broadcast Group, Inc.
401(k) Retirement Savings Plan
We have audited the accompanying statements of net assets available for benefits of Sinclair Broadcast Group 401(k) Retirement Savings Plan as of December 31, 2009 and 2008, and the related statement of changes in net assets available for benefits and supplemental information for the year ended December 31, 2009. These financial statements are the responsibility of the Plans management. Our responsibility is to express an opinion on these financial statements based on our audit.
We conducted our audit in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. The Plan is not required to have, nor were we engaged to perform, an audit of its internal control over financial reporting. Our audit included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Plans internal control over financial reporting. Accordingly, we express no such opinion. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for benefits of the Plan as of December 31, 2009 and 2008, and the changes in net assets available for benefits for the year ended December 31, 2009, in conformity with accounting principles generally accepted in the United States of America.
Our audit was performed for the purpose of forming an opinion on the basic financial statements taken as a whole. The supplemental schedule of assets (held at year end) as of December 31, 2009, is presented for the purpose of additional analysis and is not a required part of the basic financial statements but is supplementary information required by the Department of Labors Rules and Regulations for Reporting and Disclosure under the Employee Retirement
Income Security Act of 1974. This supplemental schedule is the responsibility of the Plans management. The supplemental schedule has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole.
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/s/ Reznick Group, P.C. |
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Baltimore, Maryland |
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June 24, 2010 |
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Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
STATEMENTS OF NET ASSETS AVAILABLE FOR BENEFITS
|
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December 31, |
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2009 |
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2008 |
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||
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|
|
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|
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ASSETS |
|
|
|
|
|
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Investments at fair value |
|
$ |
67,250,055 |
|
$ |
49,294,296 |
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Guaranteed investment contract at fair value |
|
9,480,261 |
|
8,857,061 |
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||
|
|
|
|
|
|
||
Receivables |
|
|
|
|
|
||
Employer contributions |
|
1,285,213 |
|
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|
||
|
|
|
|
|
|
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Total assets |
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$ |
78,015,529 |
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$ |
58,151,357 |
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|
|
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LIABILITIES |
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|
|
|
|
||
Excess contributions refundable |
|
$ |
192,864 |
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$ |
|
|
|
|
|
|
|
|
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Net assets available for benefits at fair value |
|
77,822,665 |
|
58,151,357 |
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||
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|
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Adjustment from fair value to contract value for fully benefit-responsive contracts |
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(825,176 |
) |
519,658 |
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Net assets available for benefits |
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$ |
76,997,489 |
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$ |
58,671,015 |
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See notes to financial statements
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
ASSETS AVAILABLE FOR BENEFITS
Year ended December 31, 2009
Additions |
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Investment income |
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Interest |
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$ |
107,361 |
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Net realized and unrealized appreciation in aggregate fair value of investments |
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17,450,141 |
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|
|
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Net investment income |
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17,557,502 |
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Contributions |
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Employee |
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5,704,585 |
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Employer |
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1,285,213 |
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|
|
|
|
|
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Total contributions |
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6,989,798 |
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|
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|
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Total additions |
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24,547,300 |
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Deductions |
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Benefit payments |
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5,977,982 |
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Administrative expenses |
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49,980 |
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Excess contributions refundable |
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192,864 |
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Total deductions |
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6,220,826 |
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Net increase |
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18,326,474 |
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Net assets available for benefits: |
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Beginning of the year |
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58,671,015 |
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End of the year |
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$ |
76,997,489 |
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See notes to financial statements
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
NOTE 1 - PLAN DESCRIPTION
The following description of the Sinclair Broadcast Group, Inc. 401(k) Retirement Savings Plan (the Plan) provides only general information. Participants should refer to the Summary Plan Description for a more complete description of the Plans provisions. Copies of this summary are available from Sinclair Broadcast Group, Inc. (the Company), Human Resources Department.
General
The Plan was adopted on January 1, 1988 and was amended and restated effective January 1, 2002 pursuant to a Massachusetts Mutual Life Insurance Company (Mass Mutual) Non-standardized 401(k) Profit Sharing Plan Prototype Plan Document. The Plan is a participatory defined contribution plan covering substantially all of the Companys employees. As of September 1, 2005 an employee is eligible to participate in the Plan upon successful completion of the introductory period (90-day evaluation period to which all new employees and re-hires are subject). Re-hires, if eligible to participate in the Plan on their date of termination, are eligible to enter the Plan on the date of re-hire. Although employees may participate in the Plan they will not be eligible to receive the discretionary company match until they have completed one year of service. An employee will earn a year of service if they work at least 1,000 hours during the 12-month period immediately following their date of hire or if they work at least 1,000 hours during any plan year beginning after their date of hire. In addition, once a participant completes a year of service in order to receive the discretionary match they must also be employed on the last day of the Plan year and complete at least 1,000 hours of service during the Plan year for which the match pertains. The Plan is subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA).
In February 2010, the Internal Revenue Service commenced a review of the Plan and since then, continues to review the Plan. The Company continues to fully cooperate with this audit.
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
Contributions
Employees contribute to the Plan through payroll deductions, up to a maximum of 98% of their total compensation. Each participants account is credited with the participants contribution, matching contribution, and their pro rata share of earnings or losses on invested assets of the trust funds. The Companys matching contribution for all participating employees is discretionary and during 2009, was equal to 50% of the employees contributions limited to the first 4% of compensation the employee contributed. Participants must be employed at the end of the Plan year and have completed one year of service in order to receive matching contributions. Contributions to the Plan are invested in the available investment options in accordance with the participants election. A terminating member of the Plan has the option to maintain their account (if the balance is over $5,000) or be paid the current value of their contributions to the Plan reduced by any outstanding loan balances.
The member must forfeit the current unvested value of the employers contribution to their account. In accordance with the terms of the Plan, such forfeitures are first applied to pay administrative expenses of the Plan, if any, and then to reduce future contributions required of the employer. Participants are fully vested in their contribution to the Plan and related earnings. Under the provisions of the Plan, eligible employees become 20% vested in employer contribution amounts credited to their account after two years of service, 40% vested after three years of service, 60% vested after four years of service, 80% vested after five years of service and 100% vested after six years of service.
Unallocated assets in the Plan were approximately $139,095 and $120,300 as of December 31, 2009 and 2008, respectively.
The December 31, 2009 employer contributions include a receivable that was funded during 2010 with the Companys common stock. The Company may also make additional discretionary profit sharing contributions each year. There were no additional discretionary contributions during 2009.
Upon enrollment, a participant may direct employee contributions to any of the Plans available fund options except the Sinclair Broadcast Group Common Stock Fund. Employer contributions are invested in common stock, but may be redirected by participants to other fund options immediately.
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
Excess Contributions Refundable
As of December 31, 2009, a refund on contributions plus investment earnings, totaling $192,864 has been recorded as a liability to certain employees in order to pass the Actual Deferral Percentage test under Section 401(a) of the IRC.
Payment of Benefits
Participants may elect one of several methods to receive their vested benefits including: (a) a joint and survivor option whereby the employee receives a reduced monthly benefit during his/her lifetime and, upon death, the surviving spouse will receive a monthly benefit for his/her lifetime; (b) the purchase of a life annuity; (c) equal installments over a period of not more than the participants assumed life expectancy (or participants and participants beneficiarys assumed life expectancy) at the time of distribution; (d) a lump sum distribution; or (e) partial distributions. In the absence of such election by the participant, the method of distribution shall be determined by the Plan. Upon termination of employment before normal retirement, a lump sum distribution may also be made.
Participant Loans
Participants have the option to borrow from the vested portion of their account. The minimum loan amount is $1,000 and the maximum loan permitted is the lesser of: (1) $50,000; or (2) one-half of their vested balance, and is secured by the balance in the participants account with interest charged based on the prime rate at the time of borrowing plus 1% (At both December 31, 2009 and 2008 the interest rates were 4.25%). The rates charged to participants on current loans outstanding ranged from 4.25% to 10.50% as of December 31, 2009. Participants may have two loans outstanding at one time. Generally, the term of the loans may not exceed five years. Interest income from these loans is treated as income to the Plan and is allocated with other earnings on investments. Principal and interest are paid ratably through monthly payroll deductions.
Plan Termination
Although the Company has not expressed any intent to do so, the Company has the right under the Plan to discontinue 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 accounts.
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
NOTE 2 - SUMMARY OF ACCOUNTING POLICIES
Use of Estimates
The preparation of financial statements in accordance with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts in the financial statements and accompanying notes. Actual results could differ from those estimates.
Basis of Accounting
The accompanying financial statements are presented on the accrual basis of accounting. Certain administrative expenses are borne by Sinclair Broadcast Group, Inc.
Recent Accounting Pronouncements
In June 2009, the Financial Accounting Standards Board (FASB) issued the Accounting Standards Codification (Codification). Effective July 1, 2009, the Codification is the single source of authoritative accounting principles recognized by the FASB to be applied by nongovernmental entities in the preparation of financial statements in conformity with U.S. generally accepted accounting principles (GAAP). The codification is intended to reorganize, rather than change, existing GAAP. Accordingly, all references to currently existing GAAP have been removed and have been replaced with plain English explanations of the Companys accounting policies. The adoption of the Codification did not have a material impact on the financial statements.
In May 2009, the FASB issued guidance regarding subsequent events, which was subsequently updated in February 2010. This guidance established general standards of accounting for disclosure of events that occur after the balance sheet date but before financial statements are issued or are available to be issued. In particular, this guidance sets forth the period after the balance sheet during which management of a reporting entity should evaluate events or transactions that may occur for potential recognition or disclosure in the financial statements, the circumstances under which an entity should recognize events or transactions occurring after the balance sheet date in its financial statements, and the disclosures that an entity should make about events or transactions that occurred after the balance sheet date. This guidance was effective for financial statements issued for fiscal years and interim periods ending after June 15, 2009, and was therefore adopted by the Company for the period ending December 31, 2009. The adoption did not have a significant impact on the Plans financial statements. In February 2010, the FASB amended its guidance on subsequent events for entities that are not SEC filers to disclose the date that the financial statements
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
were available to be issued. This amendment was effective immediately and had no material impact on the financial statements.
The Company has evaluated subsequent events for recognition and disclosure through the date of this filing.
Investment Valuation and Income Recognition
The Plans investments are stated at fair value. For further information see Note 3. Fair Value Measurements.
Accounting guidance provides that the Statement of Net Assets Available for Benefits present the fair value of the Plans investments as well as the adjustment from fair value to contract value for the fully benefit-responsive investment contracts. The Statement of Changes in Net Assets Available for Benefits is prepared on a contract value basis for the fully benefit-responsive investment contracts.
The fair value of the Plans interest in a guaranteed investment contract is based upon the fair value of the funds underlying managed group annuity contract, as reported by the insurance company issuer of the contract. The fully benefit-responsive guaranteed investment contract is valued at contract value as estimated by the administrator of the fund. As described in accounting guidance, the investment contracts held by a defined contribution plan are required to be reported at fair value. However, contract value is the relevant measurement attribute for that portion of the net assets available for benefits for a defined contribution plan attributable to fully benefit-responsive investment contracts because contract value is the amount participants would receive if they were to initiate permitted transactions under the terms of the Plan. As required by accounting guidance, the Statements of Net Assets Available for Benefits presents the fair value of the investment contracts as well as the adjustment of the fully benefit-responsive investment contracts from fair value to contract value basis.
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.
Benefit Payments
Benefit payments are recorded when paid.
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
NOTE 3 FAIR VALUE MEASUREMENTS
Accounting guidance provides for valuation techniques, such as the market approach (comparable market prices), the income approach (present value of future income or cash flow), and the cost approach (cost to replace the service capacity of an asset or replacement cost). A fair value hierarchy using three broad levels prioritizes the inputs to valuation techniques used to measure fair value. The following is a brief description of those three levels:
· Level 1: Observable inputs such as quoted prices (unadjusted) in active markets for identical assets or liabilities;
· Level 2: Inputs other than quoted prices that are observable for the asset or liability, either directly or indirectly. These include quoted prices for similar assets or liabilities in active markets and quoted prices for identical or similar assets or liabilities in markets that are not active; or
· Level 3: Unobservable inputs that reflect the reporting entitys own assumptions.
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
Investments measured at fair value on a recurring basis consisted of the following types of instruments as of December 31, 2009 (Level 1, 2 and 3 inputs are defined above):
|
|
Fair Value Measurements |
|
|
|
||||||||
|
|
Level 1 |
|
Level 2 |
|
Level 3 |
|
Total |
|
||||
Pooled securities: |
|
|
|
|
|
|
|
|
|
||||
Intermediate term bond |
|
$ |
|
|
$ |
4,539,232 |
|
$ |
|
|
$ |
4,539,232 |
|
Multi sector bond |
|
|
|
4,215,265 |
|
|
|
4,215,265 |
|
||||
Asset allocation - Lifestyle |
|
|
|
373,418 |
|
|
|
373,418 |
|
||||
Asset allocation - Lifecycle |
|
|
|
2,901,971 |
|
|
|
2,901,971 |
|
||||
Large cap value |
|
|
|
15,108,035 |
|
|
|
15,108,035 |
|
||||
Large cap core |
|
|
|
3,391,065 |
|
|
|
3,391,065 |
|
||||
Large cap growth |
|
|
|
6,670,357 |
|
|
|
6,670,357 |
|
||||
Multi cap value |
|
|
|
10,496,438 |
|
|
|
10,496,438 |
|
||||
Mid cap value |
|
|
|
91,937 |
|
|
|
91,937 |
|
||||
Mid cap growth |
|
|
|
2,641,141 |
|
|
|
2,641,141 |
|
||||
Small cap value |
|
|
|
1,298,698 |
|
|
|
1,298,698 |
|
||||
Small cap growth |
|
|
|
1,840,686 |
|
|
|
1,840,686 |
|
||||
International-global large core |
|
|
|
6,449,131 |
|
|
|
6,449,131 |
|
||||
International-global large growth |
|
|
|
1,573,832 |
|
|
|
1,573,832 |
|
||||
International-global small/mid cap |
|
|
|
1,540,451 |
|
|
|
1,540,451 |
|
||||
Guaranteed investment contract |
|
|
|
|
|
9,480,261 |
|
9,480,261 |
|
||||
Common stock fund |
|
2,508,897 |
|
|
|
|
|
2,508,897 |
|
||||
Participant loans |
|
|
|
|
|
1,609,501 |
|
1,609,501 |
|
||||
Total investments measured at fair value |
|
$ |
2,508,897 |
|
$ |
63,131,657 |
|
$ |
11,089,762 |
|
$ |
76,730,316 |
|
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
Investments measured at fair value on a recurring basis consisted of the following types of instruments as of December 31, 2008 (Level 1, 2 and 3 inputs are defined above):
|
|
Fair Value Measurements |
|
|
|
||||||||
|
|
Level 1 |
|
Level 2 |
|
Level 3 |
|
Total |
|
||||
Pooled securities: |
|
|
|
|
|
|
|
|
|
||||
Intermediate term bond |
|
$ |
|
|
$ |
4,051,064 |
|
$ |
|
|
$ |
4,051,064 |
|
Multi sector bond |
|
|
|
3,766,546 |
|
|
|
3,766,546 |
|
||||
Asset allocation - Lifestyle |
|
|
|
279,634 |
|
|
|
279,634 |
|
||||
Asset allocation - Lifecycle |
|
|
|
1,793,360 |
|
|
|
1,793,360 |
|
||||
Large cap value |
|
|
|
12,298,583 |
|
|
|
12,298,583 |
|
||||
Large cap core |
|
|
|
2,122,754 |
|
|
|
2,122,754 |
|
||||
Large cap growth |
|
|
|
4,087,414 |
|
|
|
4,087,414 |
|
||||
Multi cap value |
|
|
|
6,425,201 |
|
|
|
6,425,201 |
|
||||
Mid cap value |
|
|
|
50,750 |
|
|
|
50,750 |
|
||||
Mid cap growth |
|
|
|
1,587,675 |
|
|
|
1,587,675 |
|
||||
Small cap value |
|
|
|
1,056,732 |
|
|
|
1,056,732 |
|
||||
Small cap growth |
|
|
|
1,275,981 |
|
|
|
1,275,981 |
|
||||
International-global large core |
|
|
|
4,595,952 |
|
|
|
4,595,952 |
|
||||
International-global large growth |
|
|
|
1,027,277 |
|
|
|
1,027,277 |
|
||||
International-global small/mid cap |
|
|
|
857,752 |
|
|
|
857,752 |
|
||||
Guaranteed investment contract |
|
|
|
|
|
8,857,061 |
|
8,857,061 |
|
||||
Common stock fund |
|
2,282,151 |
|
|
|
|
|
2,282,151 |
|
||||
Participant loans |
|
|
|
|
|
1,735,470 |
|
1,735,470 |
|
||||
Total investments measured at fair value |
|
$ |
2,282,151 |
|
$ |
45,276,675 |
|
$ |
10,592,531 |
|
$ |
58,151,357 |
|
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
The table below sets forth a summary of changes in the fair value of the Plans level 3 assets for the year ended December 31, 2009:
|
|
Level 3 Assets |
|
||||
|
|
Guaranteed |
|
Participant Loans |
|
||
Balance as of January 1, 2009 |
|
$ |
8,857,061 |
|
$ |
1,735,470 |
|
Net investment gains and losses |
|
1,344,834 |
|
|
|
||
Purchases, sales, issuances, repayments and settlements, net |
|
(721,634 |
) |
(125,969 |
) |
||
Balance as of December 31, 2009 |
|
$ |
9,480,261 |
|
$ |
1,609,501 |
|
Following is a description of the valuation methodologies for assets measured at fair value. There have been no changes to the methodologies used at December 31, 2009 and 2008.
Pooled Securities
The fair value of the participation units owned by the Plan in the pooled separate accounts is based on the net assets of the underlying pool of securities on the last business day of the Plan year as determined by Mass Mutual.
Guaranteed Investment Contract
Investment contracts are presented at fair value. Contract values represent contributions and reinvested income, less any withdrawals, plus accrued interest, because these investments have fully benefit-responsive features. Under certain conditions, participants may receive less than the contract value of their accounts invested in the investment contracts, as determined by Mass Mutual. At December 31, 2009, there are no reserves against contract values for credit risk of contract issuers or otherwise. The interest rate was 3.12% and 3.08% at December 31, 2009 and 2008, respectively.
Common Stock Fund
The Sinclair Broadcast Group, Inc. Common Stock Fund (the Fund) is tracked on a unitized basis. The Fund consists of the Companys common stock which is valued at its quoted market price and funds held in the Investors Bank and Trust Money Market Fund sufficient to meet the Funds daily cash needs. Unitizing the Fund allows for daily trades. The value of a unit reflects the combined market value of the Companys common stock and the cash investments held by the Fund. At December 31, 2009, 622,554 units were outstanding with a
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
value of $4.03 per unit. At December 31, 2008, 729,404 units were outstanding with a value of $3.13 per unit.
Participant Loans
The participant loans are valued at their outstanding balances, which approximate fair value.
The methods described above may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, while 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.
NOTE 4 - INVESTMENTS
During 2009, the Plans investments (including investments purchased, sold, as well as held during the year) appreciated in aggregate fair value as follows:
Net realized and unrealized appreciation in aggregate fair value:
Pooled separated accounts |
|
$ |
16,941,330 |
|
Sinclair Broadcast Group, Inc. common stock |
|
508,811 |
|
|
|
|
$ |
17,450,141 |
|
The following presents individual investments that represent 5% or more of the Plans net assets at December 31, 2009 and 2008:
|
|
2009 |
|
2008 |
|
||
Select Focused Value (Harris/C&B) |
|
$ |
10,496,438 |
|
$ |
6,425,201 |
|
SF Guaranteed Interest Fund |
|
9,480,261 |
|
8,857,061 |
|
||
Select Large Cap Value (Davis) |
|
8,645,693 |
|
6,905,537 |
|
||
Select Overseas (MFS/Harris) |
|
6,033,642 |
|
4,561,434 |
|
||
Select Fundamental Value (Wellington) |
|
5,291,028 |
|
4,281,121 |
|
||
Premier Core Bond (Babson) |
|
4,539,232 |
|
4,051,064 |
|
||
Select Blue Chip Growth (TRP) |
|
4,535,145 |
|
3,093,999 |
|
||
Premier Strategic Income (OFI) |
|
4,215,265 |
|
3,766,546 |
|
||
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
NOTE 5 - INCOME TAX STATUS
The underlying non-standardized prototype plan has received an opinion letter from the Internal Revenue Service (IRS) dated April 23, 2002 stating that the form of the Plan is qualified under Section 401 of the Internal Revenue Code (the Code) and, therefore, the related trust is tax-exempt. In accordance with Revenue Procedure 2002-6 and Announcement 2001-77, the Plan sponsor has determined that it is eligible to, and has chosen to, rely on the current IRS prototype plan opinion letter. Once qualified, the Plan is required to operate in conformity with the Code to maintain its qualification. The Plan administrator believes the Plan is being operated in compliance with the applicable requirements of the Code and, therefore, believes that the Plan is qualified and the related trust is tax-exempt.
NOTE 6 FULLY BENEFIT RESPONSIVE INVESTMENTS CONTRACT OF GUARANTEED INVESTMENT CONTRACT
Mass Mutuals general investment account investment option for defined contribution plans is provided through a group annuity contract which the Plan is invested in. Under the terms of a group annuity contract, a crediting rate is established for amounts invested in the guaranteed interest account and participants may direct permitted withdrawal and/or transfer transactions of all or a portion of their account balance at contract value. Contract value represents contributions plus credited interest less participant withdrawals and fees. The Plan considers this investment option to be fully benefit responsive notwithstanding the liquidation value events under the contract that limit the ability of the plan to transact at contract value. The fair value presented in Note 3 represents the estimated liquidation value determined within contract specifications (see the termination provisions stated within the contract).
The average yield earned is calculated by dividing the annual interest credited to the Plan during the plan year by the average annual fair value. The average interest rate credited to participants is calculated by dividing the annual interest credited to the participants during the plan year by the average annual fair value. The average yield earned by the Plan and the average interest rate credited to participants is the same, therefore, no adjustment is needed. The average yield earned by the Plan and average interest rate credited to participants was 3.12% and 3.08% for 2009 and 2008, respectively.
Certain events may limit the ability of the Plan to transact at contract value. Such events include but may not be limited to the following: (1) temporary absence; (2) change in position or other occurrence qualifying as a temporary break in service under the Plan; (3) transfer or other change of position resulting in employment by an entity controlling,
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
controlled by, or under other common control with the employer; (4) cessation of an employment relationship resulting from a reorganization, merger, layoff or the sale or discontinuance of all or any part of the Plan sponsors business; (5) removal from the Plan of one or more groups or classifications of participants; (6) partial or complete Plan termination; or (7) Plan disqualification.
NOTE 7 - RISKS AND UNCERTAINTIES
The Plan invests in various investment securities. Investment securities are exposed to various risks such as interest rate, market and credit risks. Due to the level of risk associated with certain investment securities, it is at least 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 benefits.
NOTE 8 - DIFFERENCES BETWEEN FINANCIAL STATEMENTS AND FORM 5500
The following is a reconciliation of net assets available for benefits per the financial statements to the Form 5500:
|
|
December 31, |
|
||||
|
|
2009 |
|
2008 |
|
||
|
|
|
|
|
|
||
Net assets available for benefits per the financial statements |
|
$ |
76,997,489 |
|
$ |
58,671,015 |
|
Employer contributions receivable at end of year |
|
(1,285,213 |
) |
|
|
||
Excess contribution refundable at end of year |
|
192,864 |
|
|
|
||
|
|
|
|
|
|
||
Net assets available for benefits per the Form 5500 |
|
$ |
75,905,140 |
|
$ |
58,671,015 |
|
Sinclair Broadcast Group, Inc
401(k) Retirement Savings Plan
NOTES TO FINANCIAL STATEMENTS - CONTINUED
December 31, 2009 and 2008
The following is a reconciliation of employer contributions per the financial statements to the Form 5500 for the year ended December 31, 2009:
Employer contributions per financial statements |
|
$ |
1,285,213 |
|
Less: employer contribution receivable at end of year |
|
(1,285,213 |
) |
|
|
|
|
|
|
Employer contributions per the Form 5500 |
|
$ |
|
|
The following is a reconciliation of contributions refundable per the financial statements to the Form 5500 for the year ended December 31, 2009:
Excess contributions refundable per financial statements |
|
$ |
(192,864 |
) |
Add: excess contributions refundable at end of year |
|
192,864 |
|
|
|
|
|
|
|
Excess contributions refundable per the Form 5500 |
|
$ |
|
|
The financial statements are prepared on an accrual basis whereas the Form 5500 is prepared on a modified cash basis.
NOTE 9 PARTIES IN INTEREST TRANSACTIONS
The employer matching contributions are paid out in shares of the Sinclair Broadcast Group, Inc. common stock.
Certain Plan investments are shares of mutual funds managed by MassMutual Financial Group®. MassMutual is the third party administrator as defined by the Plan. These transactions qualify as exempt party-in-interest transactions.
Sinclair Broadcast Group, Inc.
401(k) Retirement Savings Plan
EIN: 52-1494660 Plan # 001
SCHEDULE OF ASSETS (HELD AT YEAR END)
DECEMBER 31, 2009
Identity of Issuer, Borrower, |
|
Description of Investment |
|
Cost (2) |
|
Current Value |
|
||
Guaranteed investment contract: |
|
|
|
|
|
|
|
||
SF Guaranteed Interest Fund (1) |
|
680,602 |
units |
|
|
|
$ |
8,655,085 |
|
|
|
|
|
|
|
|
|
|
|
Pooled securities: |
|
|
|
|
|
|
|
|
|
Select Focused Value (Harris/C&B) (1) |
|
44,218 |
units |
|
|
|
10,496,438 |
|
|
Select Large Cap Value (Davis) (1) |
|
78,552 |
units |
|
|
|
8,645,693 |
|
|
Select Overseas (MFS/Harris) (1) |
|
41,087 |
units |
|
|
|
6,033,642 |
|
|
Select Fundamental Value (Wellington) (1) |
|
41,334 |
units |
|
|
|
5,291,028 |
|
|
Premier Core Bond (Babson) (1) |
|
25,697 |
units |
|
|
|
4,539,232 |
|
|
Select Blue Chip Growth (TRP) (1) |
|
21,140 |
units |
|
|
|
4,535,145 |
|
|
Premier Strategic Income (OFI) (1) |
|
23,565 |
units |
|
|
|
4,215,265 |
|
|
Spectrum Growth (T. Rowe Price) (1) |
|
16,705 |
units |
|
|
|
3,167,735 |
|
|
Select Mid Cap Growth II (TRP) (1) |
|
11,840 |
units |
|
|
|
2,641,141 |
|
|
Select Aggressive Growth (Sands/Delaware) (1) |
|
35,085 |
units |
|
|
|
2,135,212 |
|
|
Premier Global (OFI) (1) |
|
7,649 |
units |
|
|
|
1,573,832 |
|
|
Intl New Discovery (MFS) (1) |
|
6,062 |
units |
|
|
|
1,540,451 |
|
|
Select Small Company Value (Clover/TRP/EARNEST) (1) |
|
8,087 |
units |
|
|
|
1,298,698 |
|
|
Washington Mutual Investment (American) (1) |
|
9,450 |
units |
|
|
|
1,171,205 |
|
|
Select Small Cap Growth Equity (W&R/Wellington) (1) |
|
6,828 |
units |
|
|
|
1,130,951 |
|
|
Destination Retirement 2020 (1) |
|
4,615 |
units |
|
|
|
1,003,578 |
|
|
Destination Retirement 2030 (1) |
|
4,163 |
units |
|
|
|
851,049 |
|
|
Select Small Company Growth (Mazama/Eagle) (1) |
|
6,949 |
units |
|
|
|
709,735 |
|
|
Destination Retirement 2040 (1) |
|
2,865 |
units |
|
|
|
632,186 |
|
|
EuroPacific Growth (American) (1) |
|
1,944 |
units |
|
|
|
415,489 |
|
|
Destination Retirement 2010 (1) |
|
3,292 |
units |
|
|
|
390,599 |
|
|
Select Strategic Bal (Clearbridge/Western) (1) |
|
3,222 |
units |
|
|
|
373,418 |
|
|
Selected Index Equity (Northern Trust) (1) |
|
2,157 |
units |
|
|
|
223,330 |
|
|
Mid Cap Value (Columbia) (1) |
|
1,232 |
units |
|
|
|
91,937 |
|
|
Destination Retirement 2050 (1) |
|
184 |
units |
|
|
|
15,195 |
|
|
Destination Retirement Income (1) |
|
39 |
units |
|
|
|
9,363 |
|
|
Total pooled securities |
|
|
|
|
|
|
63,131,547 |
|
|
|
|
|
|
|
|
|
|
|
|
SBGI Common Stock (1) |
|
614,626 |
units |
|
|
|
2,476,943 |
|
|
IBT Money Market (1) |
|
7,928 |
units |
|
|
|
31,954 |
|
|
Cash and cash equivalents (1) |
|
2 |
.00% |
|
|
|
110 |
|
|
Participant loans (1) |
|
4.25% |
-10.50% |
|
|
|
1,609,501 |
|
|
Total investments |
|
|
|
|
|
|
$ |
75,905,140 |
|
(1) Party in interest
(2) Historical cost has not been presented, as all investments are participant directed.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
|
SINCLAIR BROADCAST GROUP, INC. |
|
|
401(K) RETIREMENT SAVINGS PLAN |
|
|
|
|
|
By: |
/s/ David R. Bochenek |
|
|
David R. Bochenek |
|
|
Vice President/Chief Accounting Officer |
|
|
|
Dated: June 24, 2010 |
|
EXHIBIT INDEX
Exhibit |
|
Description |
23.1 |
|
Consent of Independent Registered Public Accounting Firm |