exv10w7



 








EXHIBIT 10.7




OSHKOSH B’GOSH, INC.

Officers Medical and Dental Reimbursement Plan

(amended and restated to include Amendments

through May 4, 2004)




          OSHKOSH B’GOSH, INC., a Delaware corporation (hereinafter referred to as the “Corporation”)
hereby establishes this Officers Medical and Dental Reimbursement Plan (hereinafter referred to as
the “Plan”) for the benefit of certain of its officer-employees as more fully set forth below.




     1. Purpose. The purpose of this Plan is to encourage and insure full and complete
health care for the welfare of each covered employee, his or her spouse and dependents.



     2. Coverage. This Plan is for the benefit of those employees of the Corporation who
from time to time hold any of the following elective offices: Chief Executive Officer, Chief
Operating Officer, and Senior Vice President – Home Accessories and Global Licensing; provided such
officer/employee is not eligible for hospital or medical insurance benefits under the Medicare
provisions of the federal social security laws.



     3. Reimbursement for Expenses.



          (a) Effective March 1, 1978, and as to certain employees, January 1, 1978, the Corporation
will pay the entire cost of each covered employee’s premium under the Corporation’s group medical
insurance, including that portion of the premium attributable to the group term life insurance
provided thereunder (not to exceed $50,000 of life insurance).




          (b) Effective May 1, 1978, the Corporation will reimburse the covered employees of the
Corporation for all expenses incurred by such employees of the Corporation for dental care,
psychiatric care, optometric expenses, hospital charges, nursing care, drugs and prescriptions,
medical related transportation expense, health and accident insurance, as well as other medical
care (to the extent allowable under and as defined in Section 213 of the Internal Revenue Code as
amended) of such employees, their spouse, and dependents (as defined in Section 152 of the Internal
Revenue Code, as amended) to the extent that such expenses are not reimbursable or payable under
any other plan in effect on such date.




          (c) The Corporation may, in its discretion, pay any or all of the above-described expenses
directly in lieu of making reimbursement therefor. In such event, the Corporation shall be relieved
of all further responsibility with respect to that particular expense.




          (d) The reimbursement to, or the payment on behalf of any one covered employee, including his
spouse and his dependents, shall be subject to an annual aggregate limit of $25,000.





 









 








          (e) Each covered employee who applies for reimbursement under this Plan shall submit to the
Corporation all hospitalization, doctor, dental or other medical bills, including
premium notices for accident or health insurance, for verification by the Corporation prior to
payment. A failure to comply herewith may, at the discretion of the Corporation, terminate the
right to reimbursement of such covered employee.




     4. Other Insurance. Reimbursement under this Plan shall be made by the Corporation
only in the event and to the extent that such reimbursement or payment is not provided for under
any insurance policy or policies, whether owned by the Corporation or the covered employee, or
under any other health and accident plan. In the event that there is such a policy or plan in
effect providing for reimbursement or payment in whole or in part, then to the extent of the
coverage under such policy or plan the Corporation shall be relieved of any liability hereunder.



     5. Termination. This Plan shall be subject to termination at any time hereafter by
action of the Board of Directors of the Corporation; provided, that such termination shall not
affect any right to claim reimbursement for medical and dental expenses under the provisions of
this Plan arising prior to such termination.



     6. ERISA Information. This Plan document shall constitute the summary plan description
required by the Employee Retirement Income Security Act of 1974 (“ERISA”). Pursuant to the
requirements of such law, the following information is provided:



          (a) The sponsor and plan administrator of this Plan is the Corporation, 112 Otter Avenue,
Oshkosh, Wisconsin 54901 (phone: 920- 231-8800). The Corporation’s federal tax identification
number is 39-0519915. The Corporation is the agent for service of legal process. The Plan is
operated on a calendar year basis.




          (b) Paragraph 3(e) of this Plan describes the procedure for claiming benefits. If a claim is
denied, the Corporation will provide a notice containing specific reasons for the denial,
references to the pertinent Plan provisions, a description of any additional information needed to
perfect the claim and an explanation of the claim review procedure. If a participant wishes to
appeal a denial of benefits, he must submit a written request for review to the Corporation within
60 days of his receipt of the notice of denial. Such request should include any comments and data
the participant believes are relevant to the review. The Corporation will make a written decision
on the appeal, including the reasons for the decision and references to the pertinent Plan
provisions, and a copy will be sent to the participant.




          (c) A participant in the Plan is entitled to certain rights under ERISA. He may examine,
without charge, at the Plan Administrator’s office and at other specified locations, all documents
governing the Plan, including 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 Pension and Welfare
Benefit Administration. He is also entitled to receive a summary of the Plan’s annual financial
report. The Plan Administrator is required by law to furnish each participant with a copy of this
summary annual report. He may obtain copies of all plan documents and other plan information upon
written request to the Corporation. The Corporation may make a reasonable charge for the copies.
He may file suit in federal court if any materials




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requested to which he is entitled are not
received within 30 days, unless the same were not sent because of matters beyond the control of the
Corporation. The court has the discretion to require the Corporation to pay up to $110 for each
day’s delay until the materials are received.




          (d) In addition to creating rights for Plan participants, ERISA imposes obligations on the
persons responsible for the operation of a plan (“fiduciaries”). Fiduciaries must act solely in
the interest of Plan participants and must act prudently. Fiduciaries who violate ERISA may be
removed and required to make good any losses they caused the Plan.




          (e) If a participant’s claim for a benefit is denied or ignored, in whole or in part, he has
the right to know why this was done, to obtain copies of documents relating to the decision without
charge, and to appeal any denial, all within certain time schedules.




          (f) The Corporation may not discriminate against a participant to prevent him from obtaining a
benefit or exercising his rights under ERISA. If a participant is improperly denied a benefit, he
may file suit in state or federal court. If he wins his case, the court may order the other party
to pay the costs and legal fees. If he loses, the court may order him to pay such items, for
example, if it finds his claim frivolous.




          (g) If a participant has questions about the Plan, he should contact the Plan Administrator.
If he has any questions about this statement or about his rights under ERISA, or if he needs
assistance in obtaining documents from the Plan Administrator, he should contact the nearest Office
of the Pension and Welfare Benefits Administration, U.S. Department of Labor, listed in the
telephone directory or the Division of Technical Assistance and Inquires, Pension and Welfare
Benefits Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C.
20210. He may also obtain certain publications about his rights and responsibilities under ERISA
by calling the publications hotline of the Pension and Welfare Benefits Administration.





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