EMPLOYEE RETIREMENT PLAN

12 Months Ended

Dec. 31, 2011

EMPLOYEE RETIREMENT PLAN

EMPLOYEE RETIREMENT PLAN

18. EMPLOYEE RETIREMENT PLAN

        We have a 401(k) defined contribution plan which permits participating employees to defer a portion of their compensation, subject to limitations established by the Internal Revenue Code. Employees who have completed a half-year of service and are 21 years of age or older are qualified to participate in the plan. We match 50% of the first 6% of each participant's contributions to the plan. Beginning in 2006 through January 2008, our matching contributions were made in common stock issued from treasury. For the remainder of 2008, the matching contributions were made in cash. Our matching contributions for 2011 and 2010 were made in cash and common stock issued from treasury. Participant contributions are immediately vested. Our contributions vest based on the participant's years of service at 20% per year over five years. Our matching contribution totaled $991,000, $770,000 and $647,000 for the years ended December 31, 2011, 2010 and 2009, respectively. In addition, discretionary contributions totaling zero, $471,000, and $885,000 for the years ended December 31, 2011, 2010 and 2009, respectively, were made to eligible participants as of the end of each respective calendar year.

        In December 2009, we implemented a Non Qualified Deferred Compensation plan for senior management. The plan allows eligible members of senior management to defer their receipt of compensation from us, subject to the restrictions contained in the plan. Participants are 100% vested in their deferred compensation amounts and the associated gains or losses. For our contributions, if any, and the associated gains or losses, the participants shall vest in those deferred compensation amounts according to a vesting schedule that we shall determine at the time our contribution is made. As of December 31, 2011, we have not made any contributions into the NQDC Plan. Participants are generally eligible to receive distributions from the plan two plan years subsequent to the plan year their initial deferral contribution is made. Deferred compensation amounts are held in a "rabbi trust," which invests primarily in mutual funds. The trust assets, which consist primarily of mutual funds, are recorded in our consolidated balance sheets because they are subject to the claims of our creditors. The corresponding deferred compensation liability represents the amounts deferred by the plan participants plus or minus any earnings or losses on the trust assets. The trust's assets totaled $302,000 and $148,000 at December 31, 2011 and December 31, 2010, respectively, and are included in Other current and long-term assets in the consolidated balance sheets. Our gains and losses on these investments were immaterial for the years ended December 31, 2011, 2010 and 2009.