-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, NcgYY6Q3+K5s+LcfrO8KN7TgSUoOMoNlTdPOtsKfnwOek1VMSLRMykrHuAlI01K8 I8Y3XUkvuLiZ7SVYdOABPQ== 0000906280-02-000221.txt : 20020702 0000906280-02-000221.hdr.sgml : 20020702 20020701172447 ACCESSION NUMBER: 0000906280-02-000221 CONFORMED SUBMISSION TYPE: 11-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20001231 FILED AS OF DATE: 20020701 DATE AS OF CHANGE: 20020701 FILER: COMPANY DATA: COMPANY CONFORMED NAME: STEWART ENTERPRISES INC CENTRAL INDEX KEY: 0000878522 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PERSONAL SERVICES [7200] IRS NUMBER: 720693290 STATE OF INCORPORATION: LA FISCAL YEAR END: 1031 FILING VALUES: FORM TYPE: 11-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-15449 FILM NUMBER: 02694323 BUSINESS ADDRESS: STREET 1: 110 VETERANS MEMORIAL BLVD CITY: METAIRIE STATE: LA ZIP: 70005 BUSINESS PHONE: 5048375880 MAIL ADDRESS: STREET 1: 110 VETERANS MEMORIAL BLVD CITY: METARIE STATE: LA ZIP: 70005 11-K 1 form_11-k.htm

U. S. 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, 2000

 

OR

 

[ ]    TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

Commission file number 0-19508

 

A.    Full title of the plan and the address of the plan, if different from that of the Issuer named below:

The Stewart Enterprises, Inc.

Employees' Retirement Trust

(A Profit Sharing Plan)

and Trust Agreement

B.    Name of issuer of the securities held pursuant to the plan and the address of its principal office:

Stewart Enterprises, Inc.

110 Veterans Memorial Boulevard

Metairie, LA 70005

 


 

STEWART ENTERPRISES

EMPLOYEES' RETIREMENT TRUST

(A PROFIT-SHARING PLAN)

FINANCIAL STATEMENTS AND SUPPLEMENTAL SCHEDULE

FOR THE YEARS ENDED

DECEMBER 31, 2000 AND 1999

 

 


 

Report of Independent Accountants

To the Participants and Administrator of
      Stewart Enterprises Employees' Retirement Trust (A Profit Sharing Plan):

In our opinion, the accompanying statements of net assets available for benefits and the related statements of changes in net assets available for benefits present fairly, in all material respects, the net assets available for benefits of Stewart Enterprises Employees' Retirement Trust (A Profit-Sharing Plan) (the "Plan") at December 31, 2000 and 1999, and the changes in net assets available for benefits for the years then ended in conformity with accounting principles generally accepted in the United States of America. These financial statements are the responsibility of the Plan's management; our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits of these statements in accordance with auditing standards generally accepted in the United States of America, which require that we plan and perform the audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, and evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.

Our audits were conducted for the purpose of forming an opinion on the basic financial statements taken as a whole. The supplemental schedule of Schedule of Assets (Held at End of Year) 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 Labor's Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974. This supplemental schedule is the responsibility of the Plan's management. The supplemental schedule has been subjected to the auditing procedures applied in the audits 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.

The Schedule of Assets (Held at End of Year) that accompanies the Plan's financial statements does not disclose the historical cost of certain plan assets held by the Plan trustee. Disclosure of this information is required by the Department of Labor's Rules and Regulations for Reporting and Disclosure under the Employment Retirement Income Security Act of 1974.

 

PricewaterhouseCoopers LLP
New Orleans, Louisiana

 

June 29, 2001

- 1 -


 

STEWART ENTERPRISES EMPLOYEES' RETIREMENT TRUST

(A Profit-Sharing Plan)

Statements of Net Assets Available for Benefits

December 31, 2000 and 1999


 

 

ASSETS

 

 

2000

 

1999

 

 

 

 

 

 

 

 

 

 

Investments, at fair value:

 

 

 

 

Cash equivalents

$ 7,586,457

 

$ 9,080,781

 

Mutual funds - fixed income

23,142,309

 

26,586,578

 

Mutual funds - equity

20,090,365

 

23,251,513

 

Mutual funds - mixed

6,082,473

 

4,601,974

 

Stewart Enterprises Company Stock Fund

3,454,315

 

7,265,450

 

Participant loans, at cost

1,587,552

 

603,094

 

 

 

 

 

 

 


 


 

 

 

Total investments

61,943,471

 

71,389,390

 

 

 

 

 

 

 


 


Receivables:

 

 

 

 

Employer contribution

1,446,181

 

1,534,987

 

Employee contributions

228,999

 

230,306

 

Other

 

 

 

-

 

9,639

 

 

 

 

 

 

 


 


 

 

 

Total receivables

1,675,180

 

1,774,932

 

 

 

 

 

 

 


 


 

 

 

Net assets available for benefits

$63,618,651

 

$73,164,322



 

 

 

The accompanying notes are an integral part of these financial statements.

 

- 2 -


 

STEWART ENTERPRISES EMPLOYEES' RETIREMENT TRUST

(A Profit-Sharing Plan)

Statements of Changes in

Net Assets Available for Benefits

for the years ended December 31, 2000 and 1999


 

 

 

 

 

 

 

 

 

2000

1999

 

 

 

 

 

 

 

 

 

Additions to net assets attributed to:

 

 

 

Investment income (loss):

 

 

 

 

Net depreciation in investments

$(10,188,574

)

$(22,271,694

)

 

 

Interest and dividends

4,352,767

2,891,234

 

 

 

 

 

 

 



 

 

 

Total investment loss

(5,835,807

)

(19,380,460

)

 

 

 

 

 

 

 



 

Contributions:

 

 

 

 

Employer

3,229,374

3,624,774

 

 

Employees

5,841,337

6,887,281

 

 

Other

 

 

90,665

29,063

 

 

 

 

 

 

 



 

 

 

Total contributions

9,161,376

10,541,118

 

 

 

 

 

 

 



Deductions from net assets attributed to:

 

 

 

Benefits and withdrawals paid to participants

12,957,174

8,258,930

 

Trustee fees and administrative expenses

26,764

29,317

 

 

 

 

 

 

 



 

 

 

Total deductions

12,983,938

8,288,247

 

 

 

 

 

 

 



 

 

 

Net decrease prior to net transfers

 

 

 

 

 

 

from other plans

(9,658,369

)

(17,127,589

)

 

 

 

 

 

 

 

 

 

 

 

 

Net transfers from other plans

112,698

2,761,530

 

 

 

 

 

 

 



 

 

 

Net decrease

(9,545,671

)

(14,366,059

)

 

 

 

 

 

 

 

 

 

Net assets available for benefits:

 

 

 

Beginning of year

73,164,322

87,530,381

 

 

 

 

 

 

 



 

End of year

$ 63,618,651

$ 73,164,322



 

 

 

The accompanying notes are an integral part of these financial statements.

 

- 3 -


 

STEWART ENTERPRISES EMPLOYEES' RETIREMENT TRUST

(A Profit-Sharing Plan)

Notes to Financial Statements


 

1.    Plan Description

The following description of the Stewart Enterprises Employees' Retirement Trust (a profit-sharing plan) (the "Plan") provides only general information. Participants should refer to the Plan agreement for a more comprehensive description of the Plan's provisions.

General

The Plan, which is a defined contribution plan under the Internal Revenue Code, was established by Stewart Enterprises, Inc. (the "Company" or "SEI") for the benefit of its employees. The Plan became effective January 1, 1981. Individuals employed by the Company or its subsidiaries and affiliates are eligible to participate in the Plan upon reaching the age of 21 and the completion of one year of service.

Contributions

Eligible employees may contribute from 1% to 15% of compensation to the Plan. Such amount is the employees' qualified contribution. Employee contributions are eligible for Company matching contributions at the rate of $0.50 for each $1.00 contributed, limited to 5% of an employee's compensation. Eligible employees may contribute to the Plan each pay period through payroll deductions.

The Company's discretionary contribution to the Plan is determined each year by the Board of Directors. The maximum contribution by the Company in any one year, including all matching contributions, cannot exceed 15% of total compensation of all participants. The discretionary contribution is allocated among participants in the ratio that the total of each participant's Plan compensation bears to the Plan compensation for all participants eligible to share in discretionary Company contributions for such Plan year as defined by the Plan. Discretionary Company contributions shall be allocated to the accounts of participants who have completed one year of service and are employed by the Company on the last day of the Plan year. If an employee terminates and is not vested, the account is forfeited and reallocated to participants who are entitled to receive all allocation of discretionary employer contributions for the year. It will be allocated to those participants in the same manner as are discretionary employer contributions. The Company contributed $1,965,748 and $2,297,367 in matching contributions to the Plan in 2000 and 1999, respectively. Additionally, the Company made $1,263,626 and $1,327,407 of discretionary contributions in 2000 and 1999, respectively.

Participants direct the investment of their contributions into various investment options offered by the Plan. The Plan currently offers ten mutual funds, the Stewart Enterprises Company Stock Fund and a money market account as investment options for participants.

Participant Accounts

Each participant's account is credited with the participant's contribution and an allocation of (a) the Company's matching and discretionary contributions, (b) Plan earnings or losses, and (c) forfeitures of terminated participants' non-vested matching and discretionary accounts and charged with an allocation of administrative expenses. Allocations are based on participant earnings or account balances, as defined by the Plan document. The benefit to which a participant is entitled is limited to the participant's vested account.

 

- 4 -


 

STEWART ENTERPRISES EMPLOYEES' RETIREMENT TRUST

(A Profit-Sharing Plan)

Notes to Financial Statements


 

1.    Plan Description (continued)

Vesting

Participants are vested immediately in their contributions plus actual earnings thereon. Vesting in the Company's contribution portion of their accounts is based on years of continuous service. A participant is 100 percent vested after five years of credited service.

Participant Loans

Participants may borrow from their fund accounts a minimum of $1,000 up to a maximum equal to the lesser of $50,000 or 50 percent of their account balance. The loans are secured by the balance in the participant's account and bear interest at rates that range from 8.75% to 11.5%, which are commensurate with local prevailing rates as determined quarterly by the Plan administrator. The term of the loans can range between a minimum of one year to a maximum of five years. Principal and interest is paid ratably through monthly payroll deductions.

Payments of Benefits

On termination of service due to death, disability, or retirement, a participant may elect to receive either a lump-sum amount equal to the value of the participant's vested interest in his or her account, or annual installments over a ten-year period. For termination of service for other reasons, a participant may receive the value of the vested interest in his or her account as a lump-sum distribution or annual installments, as defined by the Plan.

Forfeited Accounts

At December 31, 2000 and 1999, forfeited non-vested accounts totaled $132,036 and $133,600. These accounts will be allocated to the participants.

2.    Summary of Accounting Policies

Basis of Presentation

The accompanying financial statements have been prepared on the accrual basis and present the net assets of the Plan that are available for benefits and the related changes in those net assets.

The Plan presents in the Statements of Changes in Net Assets Available for Benefits the net appreciation (depreciation) in the fair value of its investments, which consists of the realized gains or losses and the unrealized appreciation (depreciation) of the investments.

Investment Valuation and Income Recognition

The Plan's mutual fund investments are stated at fair value. Quoted market prices are used to determine fair value. Cash equivalents consist of money market funds at market value. The Plan's investment in Stewart Enterprises, Inc. Class A Common Stock is valued at its quoted market price. Participant loans are valued at cost which approximates fair value.

- 5 -


 

STEWART ENTERPRISES EMPLOYEES' RETIREMENT TRUST

(A Profit-Sharing Plan)

Notes to Financial Statements


 

2.    Summary of Accounting Policies (continued)

Purchases and sales of securities are recorded on a trade-date basis. Dividends are recorded on the ex-dividend date.

Payment of Benefits

Benefits are recorded when paid.

Use of Estimates

The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and changes therein, and disclosure of contingent assets and liabilities. Such estimates include those regarding fair value. Actual results could differ from those estimates.

Risk and Uncertainties

The Plan invests in any combination of stocks, mutual funds and other 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 value 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 statement of net assets available for benefits.

Reclassification

A reclassification was made to the 1999 statement of net assets available for benefits to conform with the presentation used in the 2000 statement of net assets available for benefits. The reclassification had no impact on net assets available for benefits or total investments.

3.    Investments

The following table presents the fair value of those investments that represent 5% or more of the Plan's net assets, as of December 31, 2000 and 1999:

 

 

 

 

 

 

 

2000

 

1999

 

 

Investments, at quoted market value:

 

 

 

 

 

 

MFS Fixed Fund - Institutional Series Money Market

$ 7,586,457

 

$ 9,080,781

 

 

 

 

 

 

 

 


 


 

 

 

MFS Bond Fund

$ 12,468,805

 

$ 16,948,095

 

 

 

 

 

 

 

 


 


 

 

 

Massachusetts Investors Trust

$ 16,021,244

 

$ 21,624,862

 

 

 

 

 

 

 

 


 


 

 

 

Stewart Enterprises Company Stock Fund

$ 3,454,315

 

$ 7,265,450

*

 

 

 

 

 

 

 


 


 

 

 

Legg Mason Value Trust Fund

$ 6,706,867

 

$ 5,974,871

 

 

 

 

 

 

 

 


 


 

 

 

MFS Emerging Growth Fund

$ 3,966,637

 

$ 3,663,612

 

 

 

 

 

 

 

 


 


 

 

 

*Non-participant directed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

- 6 -


 

STEWART ENTERPRISES EMPLOYEES' RETIREMENT TRUST

(A Profit-Sharing Plan)

Notes to Financial Statements


 

3.    Investments (continued)

During the years ended December 31, 2000 and 1999, the Plan's investments (including investments bought and sold during the year) appreciated (depreciated) in value as follows:

 

 

 

 

 

 

 

2000

 

1999

 

 

 

 

 

 

 

 

 

 

 

Mutual funds

$ (5,306,046)

 

$ 494,146 

 

Other investments

-      

 

444,242 

 

 

 

 

 

 

 


 


 

 

 

 

 

 

 

(5,306,046)

 

938,388 

 

Stewart Enterprises Company Stock Fund

(4,882,528)

 

(23,210,082)

 

 

 

 

 

 

 


 


 

 

 

Net (depreciation) appreciation in investments

$(10,188,574)

 

$(22,271,694)

 

 

 

 

 

 

 


 


4.    Non-participant Directed Investments

During 1999, the Plan created the Stewart Enterprises Company Stock Fund (the "Fund"). The Fund is a blend of Stewart Enterprises, Inc. Class A Common Stock and cash, and is not a mutual fund. All of the Stewart Enterprises, Inc. Class A Common Stock held by participants as of December 31, 1998 was contributed to the Fund upon its inception with each participant receiving units in the Fund in exchange for their shares of the stock. The value of the individual units is determined by dividing the quoted market price of the stock plus residual cash by the number of units in the Fund.

Information about the net assets and the significant components of the changes in net assets relating to the non-participant directed investments is as follows:

 

 

 

 

 

 

 

December 31,


 

 

 

 

 

 

 

2000


 

1999


 

 

 

 

 

 

 

 

 

 

 

Net assets:

 

 

 

 

 

Stewart Enterprises Company Stock Fund

$ 3,454,315

 

$ 7,265,450

 

 

 

 

 

 

 


 


 

 

 

 

 

 

 

For the Year Ended

 

 

 

 

 

 

 

December 31,


 

 

 

 

 

 

 

2000


 

1999


 

 

 

 

 

 

 

 

 

 

 

Changes in net assets:

 

 

 

 

 

Contributions

$ 1,071,393

 

$ 2,089,829 

 

 

Net depreciation

(4,882,528

) 

(23,210,082)

 

 

Transfers to participant directed investments

-

 

(546,417)

 

 

 

 

 

 

 


 


 

 

 

 

 

 

 

$ (3,811,135

) 

$(21,666,670)

 

 

 

 

 

 

 


 


- 7 -


 

STEWART ENTERPRISES EMPLOYEES' RETIREMENT TRUST

(A Profit-Sharing Plan)

Notes to Financial Statements


 

5.    Plan Termination

Although it has not expressed any intent to do so, the Company has the right under the Plan to discontinue its contributions at any time and to terminate the Plan subject to the provisions of ERISA. In the event of Plan termination, participants become immediately 100% vested in their accounts.

6.    Trust Fund

Reliance Trust Company serves as the trustee and investment manager of the Plan and Massachusetts Financial Services ("MFS") serves as the custodian of the Plan.

7.    Fees and Expenses

The Plan sponsor provides miscellaneous administrative services to the Plan at no cost.

Benefit Services Corporation ("BSC") served as the Plan's record keeper for the years ended December 31, 2000 and 1999. The amount paid by the Plan for these services was $26,764 during the year ended December 31, 2000. Approximately, $4,700 was paid during the year ended December 31, 1999 to BSC and MFS for such services as loan origination fees and other miscellaneous services.

Fringe Benefits Administrator Limited served as the Plan's record keeper for the year ended December 31, 1998 and assisted in the transition of the Plan's assets to MFS in 1999. The amount paid by the Plan for these services was $24,579 for the year ended December 31, 1999.

8.    Tax Status

The Plan obtained its latest determination letter on May 6, 1997, in which the Internal Revenue Service stated that the Plan, as then designed, was in compliance with the applicable requirements of the Internal Revenue Code. The Plan has been amended since receiving the determination letter but the Plan Administrator and the Plan's tax counsel believe that the Plan is currently designed and being operated in compliance with the applicable requirements of the Internal Revenue Code. Therefore, no provision for income taxes has been included in the Plan's financial statements.

9.    Related Party Transactions

The purchase and sale of Company stock by the Plan is a related party transaction. Realized losses by the plan were ($303,872) in 2000. There were no realized gains/losses in 1999.

- 8 -


 

 

 

SUPPLEMENTAL SCHEDULE

 

 


 

STEWART ENTERPRISES EMPLOYEES' RETIREMENT TRUST

(A Profit-Sharing Plan)

Schedule 4, Line 4i - Schedule of Assets (Held at End of Year)

As of December 31, 2000

EIN # 720693290, Plan #001


 

 

Identify of Issuer, Borrower,

 

Description of

 

 

 

Current

 

 

Lessor or Similar Party


 

Investment


 

Cost


 

Value


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MFS Fixed Fund - Institutional Series

 

Money Market

 

 

 

$ 7,586,457

 

 

 

 

 

 

 

 

 

 

 

 


 

 

MFS Bond Fund

 

Mutual Fund - Fixed Income

 

 

 

12,468,805

 

 

MFS Emerging Growth Fund

 

Mutual Fund - Fixed Income

 

 

 

3,966,637

 

 

Legg Mason Value Trust Fund

 

Mutual Fund - Fixed Income

 

 

 

6,706,867

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

23,142,309

 

 

 

 

 

 

 

 

 

 

 

 


 

 

Massachusetts Investors Trust

 

Mutual Fund - Equity

 

 

 

16,021,244

 

 

MFS New Discovery Fund

 

Mutual Fund - Equity

 

 

 

1,079,957

 

 

Legg Mason Special Investment Fund

 

Mutual Fund - Equity

 

 

 

589,988

 

 

MFS Global Equity Fund

 

Mutual Fund - Equity

 

 

 

2,399,176

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

20,090,365

 

 

 

 

 

 

 

 

 

 

 

 


 

 

MFS Asset Allocation Fund - Aggressive

 

Mutual Fund - Mixed

 

 

 

2,482,370

 

 

MFS Asset Allocation Fund - Moderate

 

Mutual Fund - Mixed

 

 

 

2,797,533

 

 

MFS Asset Allocation Fund - Conservative

 

Mutual Fund - Mixed

 

 

 

802,570

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

6,082,473

 

 

 

 

 

 

 

 

 

 

 

 


 

*

Stewart Enterprises Company Stock Fund

 

Blend of Stewart Enterprises, Inc.

 

 

 

 

 

 

 

 

 

 

 

 

Class A Common Stock and Cash

**

 

3,454,315

*

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

*

Participant loans

 

Interest rates ranging from 8.75% to

 

 

 

 

 

 

 

 

 

 

11.5% and maturing from January 1,

 

 

 

 

 

 

 

 

 

 

2001 to December 30, 2005.

 

 

 

$ 1,587,552

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 

 

 

Total investments

 

 

 

 

 

$ 61,943,471

 

 

 

 

 

 

 

 

 

 

 

 


 

*Denotes a party-in-interest

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

**The historical cost of this non-participant directed investment, as required by the Department of Labor's Rules and

Regulations for Reporting and Disclosure under the Employment Retirement Income Security Act of 1974, is not

currently available from the Plan trustee.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

- 9 -


 

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the Plan Administrator has duly cause d this annual report to be signed on its behalf by the undersigned thereunto duly authorized.

Stewart Enterprises, Inc.

(Administrator of the Stewart Enterprises, Inc.

Employees' Retirement Trust (A Profit Sharing

Plan) and Trust Agreement)

July 1, 2002  

     /s/ Kenneth C. Budde

Kenneth C. Budde

Executive Vice President and

Chief Financial Officer

 

 

 


 

THE STEWART ENTERPRISES, INC.

EMPLOYEES' RETIREMENT TRUST

(A PROFIT SHARING PLAN)

AND TRUST AGREEMENT

 

 

 

Exhibit

Number


23.1

Independent Auditor's Consent

 

 

EX-23 3 exhibit23_1.htm

 

CONSENT OF INDEPENDENT ACCOUNTANTS

 

We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 333-34766) of Stewart Enterprises, Inc. of our report dated June 29, 2001 relating to the financial statements and supplement schedule of Stewart Enterprises Employees' Retirement Trust, which appears in this Form 11-K.

 

 

PricewaterhouseCoopers LLP

New Orleans, Louisiana

June 28, 2002

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