exv10w3






Exhibit 10.3




H&R BLOCK SEVERANCE PLAN

(Amended and Restated effective July 27, 2010)



1. Purpose. The H&R Block Severance Plan is a welfare benefit plan established by H&R Block
Management, LLC, an indirect subsidiary of H&R Block, Inc., for the benefit of certain subsidiaries
of H&R Block, Inc. in order to provide severance pay to certain employees to compensate for the
involuntary loss of employment and a period of readjustment under the conditions set forth herein.
This document constitutes both the plan document and the summary plan description required by the
Employee Retirement Income Security Act of 1974.



2. Definitions.





(a) “Average Commission Amount” means an average of the Participant’s prior three calendar
year commission earnings (calculated each year beginning January 1). For Participant’s with
less than three years of commission history, “Average Commission Amount” means the average
of total commissions earned.




(b) “Cause” means one or more of the following grounds of an Employee’s termination of
employment with a Participating Employer:




(i) misconduct that interferes with or prejudices the proper conduct of the
Company, the Employee’s Participating Employer, or any other affiliate of the
Company, or which may reasonably result in harm to the reputation of the Company,
the Employee’s Participating Employer, or any other affiliate of the Company;




(ii) commission of an act of dishonesty or breach of trust resulting or intending
to result in material personal gain or enrichment of the Employee at the expense of
the Company, the Employee’s Participating Employer, or any other affiliate of the
Company;




(iii) commission of an act materially and demonstrably detrimental to the good will
of the Company, the Employee’s Participating Employer, or any other affiliate of the
Company, which act constitutes gross negligence or willful misconduct by the
Employee in the performance of the Employee’s material duties;




(iv) material violations of the policies or procedures of the Employee’s
Participating Employer, including, but not limited to, the H&R Block Code of
Business Ethics & Conduct, except those policies or procedures with respect to which
an exception has been granted under authority exercised or delegated by the
Participating Employer;




(v) disobedience, insubordination or failure to discharge employment duties;




(vi) conviction of, or entrance of a plea of guilty or no contest, to a misdemeanor
(involving an act of moral turpitude) or a felony;




(vii) inability of the Employee, the Company, the Employee’s Participating
Employer, and/or any other affiliate of the Company to participate, in whole or in
part, in any activity subject to governmental regulation as the result of any action
or inaction on the part of the Employee;



 









 






(viii) the Employee’s death or total and permanent disability. The term “total and
permanent disability” will have the meaning ascribed thereto under any long-term
disability plan maintained by the Employee’s Participating Employer;




(ix) any grounds described as a discharge or other similar term on the
Participating Employer’s separation review form or other similar document stating
the reason for the Employee’s termination of employment, including poor performance;
or




(x) any other grounds of termination of employment that the Participating Employer
deems for cause.




Notwithstanding the definition of Cause above, if an Employee’s employment with a
Participating Employer is subject to an employment agreement that contains a definition of
“cause” for purposes of termination of employment, such definition of “cause” in such
employment agreement shall replace the definition of Cause herein for the purpose of
determining whether the Employee has incurred a Qualifying Termination, but only with
respect to such Employee.




(c) Reserved.




(d) “Code” means the Internal Revenue Code of 1986, as amended.




(e) “Company” means H&R Block, Inc.




(f) “Comparable Position” means a position where:




(i) the primary work location is within 50 miles of the Employee’s primary work
location prior to the Qualifying Termination, and




(ii) the compensation rate (salary and target bonus) is not more than 10% below the
Employee’s compensation rate at time of Qualifying Termination.




(g) “Employee” means a regular full-time or part-time, active employee of a
Participating Employer whose employment with a Participating Employer is not subject to an
employment contract that contains a provision that includes severance benefits. This
definition expressly excludes employees of a Participating Employer classified as seasonal,
temporary and/or inactive and employees who are customarily employed by a Participating
Employer less than 20 hours per week.




(h) “ERISA” means the Employee Retirement Income Security Act of 1974, as amended.




(i) “Equity Plan” means the Company’s 1993 Long-Term Executive Compensation Plan, 2003
Long-Term Executive Compensation Plan or any successor plan to its 2003 Long-Term Executive
Compensation Plan.




(j) “Hour of Service” means each hour for which an individual was entitled to compensation
as a regular full-time or part-time employee from a subsidiary of the Company.




(k) “Line of Business of the Company” with respect to a Participant means any line of
business of the Participating Employer by which the Participant was employed as of the



 









 







Termination Date, as well as any one or more lines of business of any other subsidiary of
the Company by which the Participant was employed during the two-year period preceding the
Termination Date, provided that, if Participant’s employment was, as of the Termination Date
or during the two-year period immediately prior to the Termination Date, with H&R Block
Management, LLC or any successor entity thereto, “Line of Business of the Company” shall
mean any lines of business of the Company and all of its subsidiaries.




(l) “Monthly Compensation” means –




(i) with respect to a Participant paid on a salary basis, the Participant’s current
annual salary divided by 12;




(ii) with respect to a Participant paid on an hourly basis, the Participant’s
current hourly rate times the number of hours he or she is regularly scheduled to
work per week multiplied by 52 and then divided by 12; or




(iii) with respect to a Participant, employed more than three years with a
Participating Employer, who is paid, in whole or in part, on commission, the
Participant’s current base wages or salary plus the Participant’s Average Commission
Amount divided by 12.




(m) “Participant” means an Employee who has incurred a Qualifying Termination and has
signed a Separation Agreement that has not been revoked during any revocation period
provided under the Separation Agreement.




(n) “Participating Employer” means a direct or indirect subsidiary of the Company (i) listed
on Schedule A, attached hereto, which may change from time to time to reflect new
Participating Employers or withdrawing Participating Employers, and (ii) approved by the
Plan Sponsor for participation in the Plan.




(o) “Plan” means the “H&R Block Severance Plan,” as stated herein, and as may be
amended from time to time.




(p) “Plan Administrator” and “Plan Sponsor” means H&R Block Management, LLC. The address
and telephone number of H&R Block Management, LLC is One H&R Block Way, Kansas City,
Missouri 64105, (816) 854-3000. The Employer Identification Number assigned to H&R Block
Management, LLC by the Internal Revenue Service is 43-1632589.




(q) “Qualifying Termination” means the involuntary termination of an Employee, but does not
include a termination resulting from:




(i) the elimination of the Employee’s position where the Employee was offered a
Comparable Position with a subsidiary or affiliate of the Company;




(ii) a sale of assets, stock sale, or other corporate acquisition or disposition
where the Employee is offered a Comparable Position with the acquiring entity;




(iii) the redefinition of an Employee’s position to a lower compensation rate or
grade;




(iv) the termination of an Employee for Cause as defined in Section 2(b); or



 









 






(v) the non-renewal of employment contracts.




(r) “Release and Severance Agreement” means that agreement signed by and between an Employee
who is eligible to participate in the Plan and the Employee’s Participating Employer under
which the Employee releases all known and potential claims against the Employee’s
Participating Employer and all of such employer’s parents, subsidiaries, and affiliates and
a Covenant Not to Sue. The Release and Severance Agreement also includes certain
post-employment restrictive covenants including non-competition, non-solicitation,
confidentiality, and, employee non-hire/non-solicitation.




(s) “Release Date” means, (i) with respect to a Release and Severance Agreement that
includes a revocation period, the date immediately following the expiration date of the
revocation period in the Release and Severance Agreement that has been fully executed by
both parties; or (ii) with respect to a Release and Severance Agreement that does not
include a revocation period, the date the Release and Severance Agreement has been fully
executed by both parties. A Participant will be presented with a Release Agreement on
Participant’s Termination Date and will be required to execute such agreement within the
timeframe set forth therein.




(t) “Severance Period” means the period of time following the Termination Date which
will be the shorter of (i) 12 months or (ii) a number of months equal to the whole number of
Years of Service determined under Section 2(v).




(u) “Termination Date” means the date the Employee severs employment with a Participating
Employer.




(v) “Year of Service” means each period of 12 consecutive months ending on the Employee’s
employment anniversary date during which the Employee had at least 1,000 Hours of Service.
In determining a Participant’s Years of Service, the Participant will be credited with a
partial Year of Service for his or her final period of employment commencing on his or her
most recent employment anniversary date equal to a fraction calculated in accordance with
the following formula:



Number of days since most recent employment anniversary date

365





Despite an Employee’s Years of Service calculated in accordance with the above, an Employee
will be credited with no less than the specified minimum Years of Service as outlined in
Schedule “B”. Notwithstanding an Employee’s actual service, the maximum number of
creditable Years of Service shall be 18.




Notwithstanding the above, if an Employee has received credit for Years of Service under
this Plan or under any previous plan, program, or agreement for the purpose of receiving
severance benefits before a Qualifying Termination, such Years of Service will be
disregarded when calculating Years of Service for such Qualifying Termination under the
Plan; provided, however,
that if such severance benefits were terminated prior to completion because the Employee was
rehired by any subsidiary of the Company then the Employee will be re-credited with full
Years of Service for which severance benefits were not paid in full or in part because of
such termination.


3. Eligibility and Participation.





 









 









An Employee who incurs a Qualifying Termination and signs a Release and Severance Agreement
that has not been revoked during any revocation period under the Release and Severance
Agreement is eligible to participate in the Plan. An eligible Employee will become a
Participant in the Plan as of the later of the Termination Date or the Release Date.


4. Severance Compensation.





(a) Amount. Subject to Section 9, each Participant will receive from the applicable
Participating Employer aggregate severance compensation equal to:




(i) the Participant’s Monthly Compensation multiplied by the Participant’s Years of
Service; plus




(ii) a severance enhancement (as determined by the Participating Employer based upon
the Participant’s pay grade or band) multiplied by the Participant’s Year’s of
Service; plus




(iii) an amount to be determined by the Participating Employer at its sole
discretion, which amount may be zero.




(b) Timing of Payments. The sum of any amounts determined under Section 4(a) of the
Plan will be paid in one lump sum within 30 days after the latest of the Termination Date or
the Release Date, unless otherwise agreed in writing by the Participating Employer and
Participant, or otherwise required by law.


5. Stock Options.





(a) Accelerated Vesting. Any portion of any outstanding incentive stock options and
nonqualified stock options that would have vested during the 18-month period following the
Termination Date had the Participant remained an employee with the Participating Employer
during such 18-month period will vest as of the Termination Date. This Section 5(a) applies
only to options (i) granted to the Participant under the Equity Plan, not less than 6 months
prior to his or her Termination Date and (ii) outstanding at the close of business on such
Termination Date. The determination of accelerated vesting under this Section 5(a) shall be
made as of the Termination Date and shall be based solely on any time-specific vesting
schedule included in the applicable stock option agreement without regard to any accelerated
vesting provision not related to the Plan in such agreement. With respect to any incentive
stock options and nonqualified stock options granted after July 11, 2010, any portion of
such options not vested as of the Termination Date shall be forfeited.




(b) Post-Termination Exercise Period. Subject to the expiration dates and other
terms of the applicable stock option agreements, the Participant may elect to have the right
to exercise any
outstanding incentive stock options and nonqualified stock options granted prior to the
Termination Date to the Participant under the Equity Plan that are vested as of the
Termination Date (or, if later, the Release Date), whether due to the operation of Section
5(a), above, or otherwise, at any time during the Severance Period and for a period up to 3
months after the end of the Severance Period. Any such election shall apply to all
outstanding incentive stock options and nonqualified stock options, will be irrevocable and
must be made in writing and delivered to the Plan Administrator on or before the later of
the Termination Date or Release Date. If the



 









 







Participant fails to make an election, the
Participant’s right to exercise such options will expire 3 months after the Termination
Date.




(c) Stock Option Agreement Amendment. The operation of Sections 5(a) and 5(b),
above, are subject to the Participant’s execution of an amendment to any affected stock
option agreements, if necessary.


6. Restricted Shares. Any portion of any outstanding restricted shares awarded to the Participant
under the Equity Plan that would have vested in accordance with their terms by reason of lapse of
time within six months of the Termination Date shall terminate and such Restricted Shares shall be
fully vested. With respect to any restricted shares granted after July 11, 2010, any portion of
such restricted shares not vested as of the Termination Date shall be forfeited.



7. Outplacement Services. In addition to the benefits described above, career transition
counseling or outplacement services may be provided upon the Participant’s Qualifying Termination.
Such outplacement service will be provided at the Participating Employer’s sole discretion.
Outplacement services are designed to assist employees in their search for new employment and to
facilitate a smooth transition between employment with the Participating Employer and employment
with another employer. Any outplacement services provided under this Plan will be provided by an
outplacement service chosen by the Participating Employer. The Participant is not entitled to any
monetary payment in lieu of outplacement services.



8. Rehire/Reinstatement. In the event a Participant, who has been awarded Severance Pay under this
Plan or a similar plan sponsored by a subsidiary of the Company, is reinstated or hired by the
Participating Employer or a subsidiary of the Company in any position other than a position
classified as seasonal by the employer, prior to being rehired or reinstated, such Participant
shall return a pro rated portion of any severance compensation paid under Sections 4(a)(i), (ii)
and (iii). The pro ration of the severance compensation to be returned shall be calculated based
upon the number of days in the Severance Period reduced by the number of days of the Participant’s
break from service. Upon return of the severance compensation, described in this Section 8, the
Participant shall be credited with prior service credit for purposes of eligibility for all
benefits including any accrued, unused and unpaid Paid Time Off (“PTO”), seniority awards, health,
welfare and retirement benefits. Prior Service Credit means that the Participant’s prior period of
employment is added to the current period, but the severance period is not counted as part of the
total service credit. For purposes of future severance pay, the Participant’s Prior Service Credit
shall be reduced on a pro rata basis for Years of Service of severance pay the Participant received
during the severance period. Restoration of Prior Service Credit does not restore any rights under
the Equity Plan.



9. Termination of Benefits/Return of Severance Compensation. Any right of a Participant to
severance compensation or other benefits under this Plan are subject to and conditioned upon
Participant’s agreement to abide by certain restrictive covenants. In the event a Participant
violates the terms of the Separation Agreement by engaging in any conduct described in Sections
9(a), 9(b), 9(c), 9(d)
or 9(e) below, such Participant shall return any Severance Compensation received under this Plan
within ten (10) business days after the date of any written demand by the Participating Employer or
the Plan.





(a) During the Severance Period, the Participant’s engagement in, ownership of, or control
of any interest in (except as a passive investor in less than one percent of the outstanding
securities of publicly held companies), or acting as an officer, director or employee of, or
consultant, advisor or lender to, any firm, corporation, partnership, limited liability
company, institution, business, government agency, or entity that engages in any line of
business that is competitive



 









 







with any Line of Business of the Company, provided that this
Section 9(a) shall not apply to the Participant if the Participant’s primary place of
employment by a subsidiary of the Company as of the Termination Date is in either the State
of California or the State of North Dakota.




(b) During the Severance Period, the Participant employs or solicits for employment by any
employer other than a subsidiary of the Company any employee of any subsidiary of the
Company, or recommends any such employee for employment to any employer (other than a
subsidiary of the Company) at which the Participant is or intends to be (i) employed, (ii) a
member of the Board of Directors, (iii) a partner, or (iv) providing consulting services.




(c) During the Severance Period, the Participant directly or indirectly solicits or enters
into any arrangement with any person or entity which is, at the time of the solicitation, a
significant customer of a subsidiary of the Company for the purpose of engaging in any
business transaction of the nature performed by such subsidiary, or contemplated to be
performed by such subsidiary, for such customer, provided that this Section 9(c) shall only
apply to customers for whom the Participant personally provided services while employed by a
subsidiary of the Company or customers about whom or which the Participant acquired material
information while employed by a subsidiary of the Company.




(d) During the Severance Period, the Participant misappropriates or improperly uses or
discloses confidential information of the Company and/or its subsidiaries.




(e) If the Participant engaged in any of the conduct described in Sections 9(a), 9(b), 9(c)
or 9(d) during or after Participant’s term of employment with a Participating Employer, but
prior to the commencement of the Severance Period, and such engagement becomes known to the
Participating Employer during the Severance Period, such conduct shall be deemed, for
purposes of Sections 9(a), 9(b), 9(c) or 9(d) to have occurred during the Severance Period.




(f) If the Participant is a party to an employment contract with a Participating Employer
that contains a covenant or covenants relating to the Participant’s engagement in conduct
that is the same as or substantially similar to the conduct described in any of Sections
9(a), 9(b), 9(c) or 9(d), and any specific conduct regulated in such covenant or covenants
in such employment contract is more limited in scope geographically or otherwise than the
corresponding specific conduct described in any of such Sections 9(a), 9(b), 9(c) or 9(d),
then the corresponding specific conduct addressed in the applicable Section 9(a), 9(b), 9(c)
or 9(d) shall be limited to the same extent as such conduct is limited in the employment
contract and the Participating Employer’s rights and remedy with respect to such conduct
under this Section 9 shall apply only to such conduct as so limited.


10. Amendment and Termination. The Plan Sponsor reserves the right to amend the Plan or to
terminate the Plan and all benefits hereunder in their entirety at any time.



11. Administration of Plan. The Plan Administrator has the power and discretion to construe the
provisions of the Plan and to determine all questions relating to the eligibility of employees of
Participating Employers to become Participants in the Plan, and the amount of benefits to which any
Participant may be entitled thereunder in accordance with the Plan. Not in limitation, but in
amplification of the foregoing and of the authority conferred upon the Plan Administrator, the Plan
Sponsor specifically intends that the Plan Administrator have the greatest permissible discretion
to construe the terms of the Plan and to determine all questions concerning eligibility,
participation and benefits. Any such decision made by the Plan Administrator will be binding on
all Employees, Participants, and beneficiaries, and is


 









 






intended to be subject to the most
deferential standard of judicial review. Such standard of review is not to be affected by any real
or alleged conflict of interest on the part of the Plan Administrator. The decision of the Plan
Administrator upon all matters within the scope of its authority will be final and binding.



12. Claims Procedures.





(a) Filing a Claim for Benefits. Participants are not required to submit claim forms to
initiate payment of benefits under this Plan. To make a claim for benefits, individuals
other than Participants who believe they are entitled to receive benefits under this Plan
and Participants who believe they have been denied certain benefits under the Plan must
write to the Plan Administrator. These individuals and such Participants are hereinafter
referred to in this Section 12 as “Claimants.” Claimants must notify the Plan Administrator
if they will be represented by a duly authorized representative with respect to a claim
under the Plan.




(b) Initial Review of Claims. The Plan Administrator will evaluate a claim for benefits
under the Plan. The Plan Administrator may solicit additional information from the Claimant
if necessary to evaluate the claim. If the Plan Administrator denies all or any portion of
the claim, the Claimant will receive, within 90 days after the receipt of the written claim,
a written notice setting forth:




(i) the specific reason for the denial;




(ii) specific references to pertinent Plan provisions on which the Plan
Administrator based its denial;




(iii) a description of any additional material and information needed for the
Claimant to perfect his or her claim and an explanation of why the material or
information is needed; and




(iv) that any appeal the Claimant wishes to make of the adverse determination must
be in writing to the Plan Administrator within 60 days after receipt of the notice
of denial of benefits. The notice must advise the Claimant that his or her failure
to appeal the action to the Plan Administrator in writing within the 60-day period
will render the Plan Administrator’s determination final, binding and conclusive.
The notice must further advise the Claimant of his or her right to bring a civil
action under §502(a) of ERISA following the exhaustion of the claims procedures
described herein.




(c) Appeal of Denied Claim and Final Decision. If the Claimant should appeal to the Plan
Administrator, the Claimant, or his or her duly authorized representative, must submit, in
writing, whatever issues and comments the Claimant or his or her duly authorized
representative feels are pertinent. The Claimant, or his or her duly authorized
representative, may review and request pertinent Plan documents. The Plan Administrator will
reexamine all facts related to the appeal and make a final determination as to whether the
denial of benefits is justified under the circumstances. The Plan Administrator will advise
the Claimant in writing of its decision within 60 days of the Claimant’s written request for
review, unless special circumstances (such as a hearing) require an extension of time, in
which case the Plan Administrator will make a decision as soon as possible, but no later
than 120 days after its receipt of a request for review.



 









 




13. Plan Financing. The benefits to be provided under the Plan will be paid by the applicable
Participating Employer, as incurred, out of the general assets of such Participating Employer.



14. General Information. The Plan’s records are maintained on a calendar year basis. The Plan
Number is 509. The Plan is self-administered and is considered a severance plan.



15. Governing Law. The Plan is established in the State of Missouri. To the extent federal law
does not apply, any questions arising under the Plan will be determined under the laws of the State
of Missouri.



16. Enforceability; Severability. If a court of competent jurisdiction determines that any
provision of the Plan is not enforceable, then such provision shall be enforceable to the maximum
extent possible under applicable law, as determined by such court. The invalidity or
unenforceability of any provision of the Plan, as determined by a court of competent jurisdiction,
will not affect the validity or enforceability of any other provision of the Plan and all other
provisions will remain in full force and effect.



17. Withholding of Taxes. The applicable Participating Employer may withhold from any benefit
payable under the Plan all federal, state, city or other taxes as may be required pursuant to any
law, governmental regulation or ruling. The Participant shall pay upon demand by the Company or the
Participating Employer any taxes required to be withheld or collected by the Company or the
Participating Employer upon the exercise by the Participant of a nonqualified stock option granted
under the Company’s 1993 Long-Term Executive Compensation Plan or the 2003 Long-Term Executive
Compensation Plan or any successor Plan thereto. If the Participant fails to pay any such taxes
associated with such exercise upon demand, the Participating Employer shall have the right, but not
the obligation, to offset such taxes against any unpaid severance compensation under this Plan.



18. Code §409A/Taxation. To the extent applicable, this Plan shall be construed and administered
consistently with Code §409A and the regulations and guidance issued thereunder. If the
Participant is a “specified employee” as described in Code §409A, on his Separation Date, then any
amount to which the Participant would otherwise be entitled during the first six months following
his Separation from Service that constitutes nonqualified deferred compensation within the meaning
of Code §409A and therefore is not exempt from Code §409A shall be accumulated and paid in a
single lump sum (without interest) on the date which is six (6) months following the Participant’s
Separation from Service, but only to the extent required by Code §409A(a)(2)(B)(i). Because the
requirements of Code §409A are still being developed and interpreted by government agencies,
certain issues under Code §409A remain unclear as of the Effective Date of this Plan, and the
Company has made a good faith effort to comply with current guidance under Code §409A.
Notwithstanding the foregoing or any provision in this Plan to the contrary, the Company does not
warrant or promise compliance with Code §409A of the Code and no
Participant or other person shall have any claim against the Company for any good faith effort
taken by the Company to comply with Code §409A.



19. Not an Employment Agreement. Nothing in the Plan gives an Employee any rights (or imposes any
obligations) to continued employment by his or her Participating Employer or other subsidiary of
the Company, nor does it give such Participating Employer any rights (or impose any obligations)
for the continued performance of duties by the Employee for the Participating Employer or any other
subsidiary of the Company.



20. No Assignment. The Employee’s right to receive payments of severance compensation and benefits
under the Plan are not assignable or transferable, whether by pledge, creation of a security
interest, or otherwise. In the event of any attempted assignment or transfer contrary to this
Section 19, the


 









 






applicable Participating Employer will have no liability to pay any amount so
attempted to be assigned or transferred.



21. Service of Process. The Secretary of the Plan Administrator is designated as agent for service
of legal process. Service of legal process may be made upon the Secretary of the Plan
Administrator at:




	 	 	 	 	 
	 	 	All Jurisdictions but Missouri
	 	In Missouri

	 

	 	The Corporation Trust Company
	 	CT Corporation System

	 

	 	1209 Orange Street
	 	120 South Central Avenue

	 

	 	Wilmington, Delaware 19801
	 	Clayton, Missouri 63105






22. Statement of ERISA Rights. In accordance with ERISA, each Participant shall be entitled to:





(a) Examine without charge, (by contacting the Plan Administrator), all Plan documents and
copies of all documents governing the Plan and a copy of the latest annual report (Form 5500
series) filed by the Plan with the U.S. Department of Labor and available at the Public
Disclosure Room of the Employee Benefits Security Administration;




(b) Obtain copies of all Plan documents and other Plan information upon written request to
the Plan Administrator. A reasonable fee may be charged for these copies; and




(c) Receive a summary of the Plan’s annual financial report. The Plan Administrator is
required to furnish each Participant with a copy of this summary annual report; and




(d) Obtain a statement showing the Participant’s account balance (if any).



     In addition to creating rights for Plan Participants, ERISA imposes duties upon the persons
who are responsible for the operation of the Plan. The persons who operate the Plan are called
“fiduciaries” and have a duty to operate the Plan prudently and in the interest of Plan
Participants and beneficiaries. No one, including the employer, may fire a Participant or
otherwise discriminate against the Participant in any way to prevent him from obtaining a benefit
or exercising his rights under ERISA.



     If a claim for a benefit is denied in whole or in part the Participant must receive a written
explanation of the reason for the denial. The Participant has the right to have the Plan
Administrator review and reconsider the claim.



     Under ERISA, there are steps a Participant can take to enforce the above rights. For
instance, if a Participant requests any of the materials listed above from the Plan Administrator
and does not receive them within 30 days, the Participant may file suit in a Federal court. In
such a case, the court may require the Plan Administrator to provide the materials and pay up to
$110 a day until the Participant receives the materials, unless the materials were not provided
because of reasons beyond the control of the Plan Administrator.



     If a claim for benefits is denied or ignored, either in whole or in part, the Participant may
file suit in a state or federal court. In the event that Plan fiduciaries misuse the Plan’s funds,
or if the Participant is discriminated against for asserting his rights, he may seek assistance
from the U. S. Department of Labor, or file suit in a federal court. The court will decide who
should pay court costs and legal fees. If a Participant is successful, the court may order the
person the Participant has sued to pay these costs and fees. But if a Participant loses, the court
may order the Participant to pay these costs and



 









 







fees, for example if, if the court finds the claim
is frivolous.



     Any questions concerning the Plan should be directed to the Plan Administrator. Additional
information about this statement or a Participant’s rights under ERISA may be obtained from the
nearest Office of the Employee Benefits Security Administration, U.S. Department of Labor, listed
in the telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits
Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C.
20210. A Participant may also obtain certain publications about his rights and responsibilities
under ERISA by calling the publications hotline of the Employee Benefits Security Administration.



EFFECTIVE February 28, 2010












 









 








Schedule A

Participating Employers




Block Financial LLC

Express Tax Service, Inc.

Franchise Partner, Inc.

H&R Block Bank Corporation

H&R Block Eastern Enterprises, Inc.

H&R Block Enterprises, LLC

H&R Block Management, LLC

H&R Block Tax & Business Services, Inc.

H&R Block Tax Services, LLC

HRB Corporate Services, LLC

HRB Corporate Enterprises, LLC

HRB Digital Technology Resources, LLC

HRB Digital, LLC

HRB Expertise, LLC

HRB International, LLC

HRB Products, LLC

HRB Support Services, LLC

HRB Tax Group, Inc.

HRB Tax & Technology Leadership, LLC

HRB Technology, LLC

Tax Works, Inc.





	 	•	 	Block Financial LLC
	 
	 	•	 	Franchise Partner, Inc.
	 
	 	•	 	H&R Block Bank Corporation
	 
	 	•	 	H&R Block Services, Inc. and its U.S.-based direct and indirect subsidiaries
	 
	 	•	 	H&R Block Management, LLC
	 
	 	•	 	HRB Products, LLC
	 
	 	•	 	HRB Corporate Enterprises, LLC
	 
	 	•	 	Tax Works, Inc.
	 
	 	•	 	HRB International, LLC
	 
	 	•	 	RSM McGladrey Business Services, Inc.





Schedule B

Pay Bands




	 	 	 	 	 
	Pay Band	 	Minimum Years of Service	 	Maximum Years of Service
	Band 006 and above
	 	6
	 	18
	Band 005
	 	3
	 	18
	Bands 001-004
	 	1
	 	18