Exhibit 5
INTERNAL REVENUE SERVICE DEPARTMENT OF TREASURY
P.O.BOX 2508
CINCINNATI, OH 45201
Employer Identification Number:
Date: July 15, 2002 59-3305930
DLN:
DARDEN RESTAURANTS INC 17007327007041
C/O PAUL H HAMBURGER Person to Contact:
MCDERMOTT WILL EMERY GAIL HINKLEY ID# 52016
600 13TH ST. NEW Contact Telephone Number:
WASHINGTON, DC 20005 - 0000 (877) 829-5500
Plan Name:
DARDEN SAVINGS PLAN
Plan Number: 044
Dear Applicant:
We have made a favorable determination on the plan identified above based
on the information you have supplied. Please keep this letter, the application
forms submitted to request this letter and all correspondence with the Internal
Revenue Service regarding your application for a determination letter in your
permanent records. You must retain this information to preserve your reliance on
this letter.
Continued qualification of the plan under its present form will depend on
its effect in operation. See section 1.401-1 (b) (3) of the Income Tax
Regulations. We will review the status of the plan in operation periodically.
The enclosed Publication 794 explains the significance and the scope of
this favorable determination letter based on the determination requests selected
on your application forms. Publication 794 describes the information that must
be retained to have reliance on this favorable determination letter. The
publication also provides examples of the effect of a plan's operation on its
qualified status and discusses the reporting requirements for qualified plans.
Please read Publication 794.
This letter relates only to the status of you plan under the Internal
Revenue Code. It is not a determination regarding the effect of other federal or
local statutes.
This determination is subject to your adoption of the proposed amendments
submitted in your letter dated June 21, 2002. The proposed amendments should be
adopted on or before the date prescribed by the regulations under Code section
401 (b).
This determination letter is applicable for the amendment (s) executed on
November 13, 2001.
This plan satisfies the requirements of Code section 4975 (e) (7).
This letter may not be relied on with respect whether the plan satisfies
the requirements of section 401 (a) of the Code, as amended by the Economic
Growth and Tax Relief Reconciliation Act of 2001, Pub L. 107-16.
The requirement for employee benefits plans to file summary plan
descriptions (SPD) with the U.S. Department of Labor was eliminated effective
August 5, 1997. For more details, call 1-800-998-7542 for a free copy of the SPD
card.
We have sent a copy of this letter to your representative as indicated in
the power of attorney.
If you have questions concerning this matter, please contact the person
whose name and telephone number are shown above.
Sincerely yours,
/s/Paul T. Shultz
-----------------------------------
Paul T. Shultz
Director,
Employee Plans Rulings & Agreements
Enclosures:
Publication 794