Use of DOL Model Comparative Chart for S-8

[Guest gaham]

Anybody have any thoughts on using the model comparative chart published by the DOL in connection with the Participant Fee Disclosure Regs. for purposes of satisfying the S-8 requirements for providing financial data for the participant directed investment options under a plan? The S-8 requires financial data for "each of the past three fiscal years" but the DOL regs require the average annual total return for 1-, 5- and 10 yr periods for each option. Obviously, these two requirements don't synch exactly but it makes no sense to have two separate charts. For those of you who have to do the prospectus/SPD what are you doing? Thanks for any input.

[Guest Mel Kiper Jr.]

Anybody have any thoughts on using the model comparative chart published by the DOL in connection with the Participant Fee Disclosure Regs. for purposes of satisfying the S-8 requirements for providing financial data for the participant directed investment options under a plan? The S-8 requires financial data for "each of the past three fiscal years" but the DOL regs require the average annual total return for 1-, 5- and 10 yr periods for each option. Obviously, these two requirements don't synch exactly but it makes no sense to have two separate charts. For those of you who have to do the prospectus/SPD what are you doing? Thanks for any input.

Is it possible to incorporate the investment performance of each of the past three fiscal years from the prospectuses of the funds that are available under the plan?