-----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, TPpIECDzZcYhNNoNDXsuU1WHkO8iaEZGRVlO24tLiYJlqQYTKgqwjjUIqfNzvw3i 3A0Agr3ZA5dyik1lDAfbbQ== 0000950123-08-007293.txt : 20080626 0000950123-08-007293.hdr.sgml : 20080626 20080626152216 ACCESSION NUMBER: 0000950123-08-007293 CONFORMED SUBMISSION TYPE: 11-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20071231 FILED AS OF DATE: 20080626 DATE AS OF CHANGE: 20080626 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BERKLEY W R CORP CENTRAL INDEX KEY: 0000011544 STANDARD INDUSTRIAL CLASSIFICATION: FIRE, MARINE & CASUALTY INSURANCE [6331] IRS NUMBER: 221867895 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 11-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-15202 FILM NUMBER: 08919288 BUSINESS ADDRESS: STREET 1: 475 STEAMBOAT ROAD STREET 2: . CITY: GREENWICH STATE: CT ZIP: 06830 BUSINESS PHONE: 2036293000 MAIL ADDRESS: STREET 1: 475 STEAMBOAT ROAD STREET 2: . CITY: GREENWICH STATE: CT ZIP: 06830 11-K 1 y61766e11vk.htm FORM 11-K FORM 11-K
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United States Securities and Exchange Commission
Washington, D.C. 20549
Form 11-K
Annual Report
Pursuant to Section 15(d) of the Securities Exchange Act of 1934
(Mark One)
     
þ   Annual Report Pursuant to Section 15(d) of the Securities Exchange Act of 1934
For the fiscal year ended December 31, 2007
     
o   Transition Report Pursuant to Section 15(d) of the Securities Exchange Act of 1934
For the transition period from                      to                     
Commission file number 001-15202
A.   Full title of the plan and the address of the plan, if different from that of the issuer named below:
W. R. Berkley Corporation Profit Sharing Plan
B.   Name of issuer of the securities held pursuant to the plan and the address of its principal executive office:
W. R. Berkley Corporation
475 Steamboat Road
Greenwich, CT 06830
 
 

 


 

W. R. Berkley Corporation Profit Sharing Plan
December 31, 2007 and 2006
Index to Financial Statements and Supplemental Schedules
 
*   Schedules required by Form 5500 which are not applicable have not been included.

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Report of Independent Registered Public Accounting Firm
To the Plan Administrator of
W. R. Berkley Corporation Profit Sharing Plan:
We have audited the accompanying statements of net assets available for plan benefits of the W. R. Berkley Corporation Profit Sharing Plan (the Plan) as of December 31, 2007 and 2006, and the related statement of changes in net assets available for plan benefits for the year ended December 31, 2007. 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 in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about 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. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for plan benefits of the Plan as of December 31, 2007 and 2006 and the changes in the Plan net assets available for plan benefits for the year ended December 31, 2007, in conformity with U.S. generally accepted accounting principles.
Our audits were performed for the purpose of forming an opinion on the basic financial statements taken as a whole. The accompanying supplemental schedules, Schedule H, line 4i — schedule of assets (held at end of year) — December 31, 2007 and Schedule H, line 4a — schedule of nonexempt transactions for delinquent participant contributions — year ended December 31, 2007 are 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. These supplemental schedules are the responsibility of the Plan’s management. The supplemental schedules have been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole.
         
     
  /s/ KPMG LLP    
     
     
 
New York, New York
June 25, 2008

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W. R. Berkley Corporation Profit Sharing Plan
Statements of Net Assets Available for Plan Benefits
December 31, 2007 and 2006
                 
    2007     2006  
Assets:
               
Investments, at fair value (Note 6):
               
W. R. Berkley Corporation Common Stock Fund
  $ 51,872,633     $ 66,787,948  
Mutual Funds
    375,866,872       306,929,213  
Participant Loans
    9,421,331       7,979,715  
 
           
Total investments
    437,160,836       381,696,876  
 
           
Contributions receivable:
               
Employer
    26,153,937       23,988,966  
Participants
    684,089       526,667  
 
           
Total receivables
    26,838,026       24,515,633  
 
           
Net assets available for plan benefits
  $ 463,998,862     $ 406,212,509  
 
           
See accompanying notes to financial statements.

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W. R. Berkley Corporation Profit Sharing Plan
Statement of Changes in Net Assets Available for Plan Benefits
Year ended December 31, 2007
         
Additions to net assets attributed to:
       
Investment income:
       
Net appreciation in fair value of investments (Note 6)
  $ 5,105,297  
Interest and dividends
    24,373,588  
Loan interest
    567,980  
 
     
Net investment income
    30,046,865  
 
     
Contributions:
       
Employer
    26,153,937  
Participants
    20,342,428  
Rollovers
    4,770,644  
 
     
Total contributions
    51,267,009  
 
     
Total additions
    81,313,874  
 
     
Deductions from net assets attributed to:
       
Benefits paid to participants
    23,480,312  
Administrative expenses
    47,209  
 
     
Total deductions
    23,527,521  
 
     
Net increase in net assets available for plan benefits
    57,786,353  
Net assets available for plan benefits at:
       
Beginning of year
    406,212,509  
 
     
End of year
  $ 463,998,862  
 
     
See accompanying notes to financial statements.

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W. R. Berkley Corporation Profit Sharing Plan
Notes to Financial Statements
(1)   Plan Description
 
    The following brief description of the W. R. Berkley Corporation (the Company) Profit Sharing Plan (the Plan) is provided for general information purposes only. Participants should refer to the plan document for a more complete description of the Plan.
 
    (a) General
 
    The Plan is a defined contribution plan and was established for the benefit of eligible employees of the Company and its participating subsidiaries. An employee becomes eligible to participate in the Plan on the first day of the calendar quarter following the first full calendar quarter in which the employee completes 250 hours of service, or on the first day of the calendar quarter following the employee’s first year in which the employee completes 1,000 hours of service. The Plan is subject to the provisions of the Employee Retirement Income Security Act of 1974, as amended (ERISA). The Plan allows for mandatory distributions to terminated participants whose vested account balance is less than $1,000 (previous minimum prior to 2007 was $5,000).
 
    In 1997, Fidelity Management Trust Company (Fidelity) was appointed by the Profit Sharing Plan Finance Committee as the trustee, custodian and recordkeeper for the Plan. The Company has a Profit Sharing Plan Finance Committee to select the investment alternatives provided by the Plan. The Company has a Profit Sharing Plan Administrative Committee to assist in the administration of the Plan.
 
    (b) Contributions
 
    Employer Contributions
 
    Each Plan Year, the Company makes an Employer Profit Sharing Contribution to the Plan. The Company’s current minimum Employer Profit Sharing Contribution for each Plan Year is 5% of a Participant’s Eligible Earnings, as defined in the Plan for the period of the calendar year that the employee was a Participant, up to the Internal Revenue Service maximum for any one year. The Company contribution is allocated between the participant’s Profit Sharing Account and their 401(k) Account.
 
    Employer Profit Sharing Contributions are determined separately for each Participating Employer prior to the end of each calendar year and are allocated as of the last day of the calendar year among the proper Accounts of all Participants who were employed by a Participating Employer on the last day of the calendar year and who were credited with at least 1,000 Hours-of-Service at the end of the calendar year based on the Participant’s Earnings for the period of the calendar year he or she was a Participant. If the Participant’s employment during a single Plan year was divided between two or more Participating Employers, and the Participant is eligible for an Employer Profit Sharing Contribution for the Plan year, each Participating Employer for which the Participant worked will make the appropriate contribution to the Participant’s Account based on their period of service with, and Earnings from, the Participating Employer.
 
    A minimum of 40% of the employer contribution to the Plan is allocated to the 401(k) account.
 
    Non-Exempt Transaction
 
    There were unintentional delays by the Company in submitting certain participant contributions to the trustee in the amount of $52,427. The Company will reimburse lost interest of $75 to the Plan (See Supplemental Schedule H, Line 4a).

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W. R. Berkley Corporation Profit Sharing Plan
Notes to Financial Statements
    Participant Contributions
 
    Tax-Deferred Contributions
 
    Prior to 2007, a Participant in the Plan could elect to make voluntary deferred contributions up to 16% of eligible earnings. Effective January 1, 2007 a participant may elect to have voluntary tax-deferred contributions deducted from their pay, for each pay period, in any amount from 1% to 50% of their Earnings. A Participant may also elect to have an amount in excess of 50% of their Earnings for a pay period deducted provided that their aggregate Tax-Deferred Contributions for the calendar year does not exceed 50% of the Participant’s Earnings to date up to a statutory limit ($15,500 for 2007). A Participant may change or suspend their Tax-Deferred Contributions election. Prior to 2007, a participant could elect to make voluntary tax-deferred contributions up to 16% of eligible compensation, subject to certain limitations, to the 401(k) account.
 
    Roth Contributions
 
    Effective February 1, 2007, a Participant may designate part or all of their Plan contributions as either Tax-Deferred Contributions or as after-tax Roth Contributions combined not to exceed 50% of the Participant’s Earnings for the Plan year.
 
    Rollover Contributions/Transfer Amounts
 
    A Participant who receives a qualifying rollover distribution from an eligible retirement plan may make a Rollover Contribution even though the Participant has not otherwise become eligible to participate in the Plan. Amounts that are attributable to Roth contributions may be rolled into the Plan only from another employer’s eligible retirement plan; they may not be rolled into the Plan from a Roth IRA, even if the only monies held in the Roth IRA were previously distributed from an eligible retirement plan. In addition, amounts attributable to Roth contributions must be rolled over to the Plan by means of a Direct Rollover.
 
    Catch-Up Contributions
 
    In addition to the regular Tax-Deferred Contributions and/or Roth Contributions described above, Plan participants who will be at least 50 years old by the end of the calendar year and who have contributed the maximum amount of regular Tax-Deferred Contributions and/or Roth Contributions for the year may make additional “Catch-Up Contributions” to the Plan. For 2007, Tax-Deferred and Roth Catch-up Contributions have a combined limit of $5,000.
 
    (c) Participants’ Accounts
 
    The participant recordkeeping services are provided by Fidelity. Each participant’s account is credited with the participant’s contributions, the appropriate amount of the Company’s contributions and an allocation of investment fund earnings or losses in which the participant has directed his or her contribution. The benefit to which a participant is entitled is the benefit that can be provided from the participant’s vested account. The account of each participant is valued on a daily basis.

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W. R. Berkley Corporation Profit Sharing Plan
Notes to Financial Statements
    (d) Vesting
 
    Participants are fully vested in their tax-deferred contributions, roll-over contributions, catch-up contributions, the employer contribution to their 401(k) account, and earnings thereon. Effective January 1, 2007, the vesting percent in the portion of the employer contribution that is not allocated to the 401(k) account occurs at the rate of 20% per year beginning after two years of continuous employment. Prior to 2007 vesting in the portion of the employer contribution that is not allocated to the 401(k) account occurs at the rate of 20% per year beginning after three years of continuous employment. In the event of death, disability or retirement, in accordance with the provisions of the Plan, the participant becomes fully vested.
 
    (e) Payments of Benefits
 
    On termination of employment, retirement or death, a participant or participant’s beneficiary may elect to receive the payment benefits in a lump sum or in annual installments not to exceed 15 years. Distributions to terminated participants are based upon the closing price of the funds on the date the participant requests the distribution from Fidelity. Withdrawals to active participants are based on the date the withdrawals have been approved by the Plan Administrator and are processed by Fidelity.
 
    Hardship withdrawals are allowed under certain circumstances as defined in the Plan Document. Participants are suspended from making pre-tax contributions for six months after taxing a hardship withdrawal from the plan.
 
    (f) Forfeitures
 
    Forfeitures are retained in the Plan and are allocated among the accounts of the remaining active participants as of the last day of the Plan year in which the forfeiture occurs. Forfeited employer contributions are allocated in the subsequent year and totaled $866,604 and $1,517,083 for years ended December 31, 2007 and 2006 respectively. During 2005, the Plan Sponsor determined that certain administrative procedures relating to Plan forfeitures may not have been followed in accordance with the terms of the Plan document. During the first quarter of 2007, the Plan Sponsor corrected any operational items that may have occurred and notified all participants affected by the correction.
 
    (g) Participant loans
 
    The Plan allows participants to borrow from their account. Participants may borrow up to 50% of their vested account balance; the minimum amount of any loan from the Plan is $1,000, and the maximum amount is the lesser of $50,000 or 50% of the value of the participant’s vested account. A participant may request a loan for any reason and the loan may be repaid over 60 months. For the purchase of a primary residence, however, the loan may be repaid over 25 years.
 
    The interest rate charged on the loan and repaid to the participant’s account is determined by the Profit Sharing Plan Finance Committee and set for the duration of the loan. A participant may have up to two loans outstanding. Payment is made through payroll deductions or the loan may be paid in full by a lump-sum payment. A partial lump-sum repayment is not permitted. A participant with an outstanding loan balance who separates from service with the Company has the option of repaying the loan in a lump sum or continuing to pay the monthly loan payment amount directly to Fidelity.

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W. R. Berkley Corporation Profit Sharing Plan
Notes to Financial Statements
    (h) Investments
 
    Participants are responsible for directing the investment of their respective accounts. Investment changes requested by participants are implemented as soon as administratively practical if in accordance with the Plan document. The investment options in the Plan consisted of the following twenty-eight funds at December 31, 2007:
     
Fidelity Asset Manager® 50%
  Fidelity Magellan® Fund
Fidelity Contrafund®
  Fidelity Overseas Fund
Fidelity Capital Appreciation Fund
  Fidelity Puritan® Fund
Fidelity Diversified International Fund
  Fidelity Retirement Money Market Portfolio
Fidelity Equity-Income Fund
  AIM Small Cap Growth Fund — Investor Class
Fidelity Freedom Income Fund®
  Janus Research Fund
Fidelity Freedom 2000 Fund®
  Janus Worldwide Fund
Fidelity Freedom 2010 Fund®
  Morgan Stanley Institutional Fund Trust Value Portfolio — Adviser Class
Fidelity Freedom 2020 Fund®
  PIMCO Low Duration Fund — Administrative Class
Fidelity Freedom 2030 Fund®
  PIMCO Total Return Fund — Administrative Class
Fidelity Freedom 2040 Fund®
  Royce Low-Priced Stock Fund — Investment Class
Fidelity Government Income Fund
  Spartan® U.S. Equity Index Fund — Investor Class
Fidelity Growth Company Fund
  Wells Fargo Small Cap Value Fund — Class Z
Fidelity Intermediate Bond Fund
  W. R. Berkley Corporation Common Stock Fund

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W. R. Berkley Corporation Profit Sharing Plan
Notes to Financial Statements
(2)   Summary of Significant Accounting Policies
 
    The following are the more significant accounting policies followed by the Plan:
 
    (a) Recent Accounting Pronouncements
 
    On January 1, 2007, the Plan adopted FASB Interpretations (FIN) No. 48, Accounting for Uncertainty in Income Taxes (“FIN 48”). FIN 48 provides guidance for how uncertain tax positions should be recognized, measured, presented and disclosed in the financial statements. FIN 48 requires evaluation of tax positions taken or expected to be taken to determine whether the tax positions will “more likely than not” be sustained by the applicable tax authority. The adoption of FIN 48 did not have an impact on the Plan’s financial statements.
 
    In September 2006, the Financial Accounting Standards Board issued Statement of Financial Accounting Standards No. 157, Fair Value Measurements (“FAS 157”). FAS 157 defines fair value and establishes a framework for measuring fair value. FAS 157 applies to other pronouncements that require or permit fair value, however, it does not require any new fair value measurements. FAS 157 is effective for fiscal years beginning after November 15, 2007. The Company does not expect the provisions of FAS 157 to have a material effect on the Plan’s financial statements.
 
    (b) Basis of Accounting and Use of Estimates
 
    The financial statements of the Plan are prepared under the accrual method of accounting. The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires the Plan to make estimates and assumptions that affect the reported amounts of assets and liabilities and changes therein, as well as disclosure of contingent assets and liabilities at the date of the financial statements. Actual results could differ from those estimates and assumptions.
 
    (c) Investment Valuation and Income Recognition
 
    The Plan’s investments are stated at fair value. Shares of registered investment companies (mutual funds) are valued at quoted market prices, which represent the net asset value of shares held by the Plan at year-end. The stock fund is valued at its year-end unit closing price. A net asset value (NAV) per unit is determined on a daily basis. In determining the NAV, the value of the W. R. Berkley Corporation Common Stock Fund is based on the closing price of the Company’s Shares on the New York Stock Exchange (NYSE) or, if not available, the latest available price reported by the principal national securities exchange. The NAV will be adjusted by dividends paid on common stock, interest on short-term investments held in the fund and expenses of the fund. Participant loans are valued at cost which approximates fair value. Purchases and sales of investments are recorded on a trade date basis. Realized gains and losses are based on specific identification method. Interest income is recorded on the accrual basis. Dividends are recorded on the ex-dividend date.
 
    Investment management fees, including brokerage fees and commissions on the purchase and sale of securities and other related portfolio management expenses, are paid from assets of, and applied against the investment performance of, the respective investment funds.

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W. R. Berkley Corporation Profit Sharing Plan
Notes to Financial Statements
    (d) Plan Expenses
    Certain general expenses of operating and administering the Plan are paid by the Company but may be charged against investment fund assets in the future, as determined by the Company.
 
    (e) Payment of Benefits
 
    Benefit payments are recorded when paid.
 
(3)   Risks and Uncertainties
 
    The Plan offers a number of investment options including the Company Common Stock Fund and a variety of pooled investment funds, which consist of registered investment companies. The investment funds are comprised of U.S. equities, international equities, and fixed income securities. Investment securities, in general, are exposed to various risks, such as interest rate, credit, and overall market volatility risk. Due to the level of risk associated with certain investment securities, it is reasonable to expect that changes in the values of investment securities will occur in the near term and that such changes could materially affect participant account balances and the Statement of Changes in Net Assets Available for Plan Benefits.
 
    The Plan’s exposure to a concentration of credit risk is limited by the diversification of investments across all participant-directed fund elections. Additionally, the investments within each participant-directed fund election are further diversified into varied financial instruments, with the exception of the W. R. Berkley Corporation Common Stock Fund, which principally invests in security of a single issuer.
 
    The plan investments include mutual funds that may directly or indirectly invest in securities with contractual cash flows, such as asset backed securities, collateralized mortgage obligations and commercial mortgage backed securities, including securities backed by sub prime mortgage loans. The value, liquidity and related income of these securities are sensitive to changes in economic conditions, including real estate value, delinquencies or defaults, or both, and may be adversely affected by shifts in the market’s perception of the issuers and changes in interest rates.
 
(4)   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 the ERISA.
 
    In the event of termination of the Plan, all amounts credited to the participants become fully vested, and all assets remaining after payments of any expenses properly chargeable against the Plan will be distributed to the participants in accordance with the value of each participant’s account on the date of such termination.
 
(5)   Tax Status
 
    The Internal Revenue Service has determined and informed the Company by a letter dated June 24, 1999 that the Plan and related trust are designed in accordance with applicable sections of the Internal Revenue Code of 1986, as amended (the Code). The Plan has been amended since receiving the determination letter. The Company has applied for a current determination to see if the Plan continues to satisfies the requirements for qualification and tax

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W. R. Berkley Corporation Profit Sharing Plan
Notes to Financial Statements
    exemption under sections 401(a), 401(k) and 501(a) of the Internal Revenue Code of 1986, as amended. However, the Plan Administrator and the Plan’s tax counsel believe that the Plan, as amended, is designed and is currently being operated in compliance with the applicable requirements of the Code.
(6)   Investments
 
    The following investments represent 5% or more of the Plan’s net assets as of December 31, 2007 and 2006:
                 
    2007     2006  
 
               
W. R. Berkley Corporation Common Stock Fund
  $ 51,872,633     $ 66,787,948  
 
               
Mutual Funds:
               
Fidelity Contrafund®
    70,144,666       58,650,398  
Fidelity Retirement Money Market Portfolio
    38,966,071       33,443,403  
Fidelity Puritan® Fund
    30,024,319       27,418,821  
Fidelity Diversified International Fund
    24,927,555       18,391,233  
Spartan® U.S. Equity Index Fund — Investor Class
    23,843,483       22,634,377  
    The net appreciation on investments (including gains and losses on investments bought and sold, as well as held) for the year ended December 31, 2007 are as follows:
         
W. R. Berkley Corporation Common Stock Fund
  $ (8,175,410 )
Mutual funds
    13,280,707  
 
     
 
       
Net appreciation in fair value of investments
  $ 5,105,297  
 
     
(7)   Related Party Transactions
 
    Certain Plan investments are managed or sponsored by Fidelity Investments, an affiliate of Fidelity Management Trust Company who is the trustee as defined by the Plan and accordingly, these transactions with Fidelity Investments qualify as party-in-interest transactions. Investments in the W. R. Berkley Common Stock Fund also qualify as party-in-interest transactions.

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W. R. Berkley Corporation Profit Sharing Plan
Schedule H, Line 4i— Schedule of Assets (Held at End of Year)
December 31, 2007
             
        Fair Value at  
Identity of Issuer   Description and Number of Shares/Units   December 31, 2007  
 
           
*W. R. Berkley Corporation Common Stock Fund
  Common Stock Fund; 1,052,610 units   $ 51,872,633  
 
         
*Fidelity Puritan® Fund
  Mutual funds; 1,577,736 shares     30,024,319  
*Fidelity Magellan® Fund
  Mutual funds; 163,189 shares     15,318,562  
*Fidelity Contrafund®
  Mutual funds; 959,440 shares     70,144,666  
*Fidelity Equity-Income Fund
  Mutual funds; 292,675 shares     16,143,972  
*Fidelity Growth Company Fund
  Mutual funds; 248,080 shares     20,585,708  
*Fidelity Intermediate Bond Fund
  Mutual funds; 1,218,576 shares     12,368,546  
*Fidelity Government Income Fund
  Mutual funds; 1,031,988 shares     10,691,397  
*Fidelity Overseas Fund
  Mutual funds; 321,482 shares     15,556,529  
*Fidelity Capital Appreciation Fund
  Mutual funds; 144,850 shares     3,876,189  
*Fidelity Asset Manager® 50%
  Mutual funds; 289,551 shares     4,490,942  
*Fidelity Diversified International Fund
  Mutual funds; 624,751 shares     24,927,555  
*Fidelity Freedom Income Fund®
  Mutual funds; 59,402 shares     680,154  
*Fidelity Freedom 2000 Fund®
  Mutual funds; 42,196 shares     521,961  
*Fidelity Freedom 2010 Fund®
  Mutual funds; 478,380 shares     7,089,587  
*Fidelity Freedom 2020 Fund®
  Mutual funds; 528,848 shares     8,361,092  
*Fidelity Freedom 2030 Fund®
  Mutual funds; 337,795 shares     5,580,381  
*Fidelity Retirement Money Market Portfolio
  Mutual funds; 38,966,071 shares     38,966,071  
*Spartan® U.S. Equity Index Fund — Investor Class
  Mutual funds; 459,412 shares     23,843,483  
*Fidelity Freedom 2040 Fund®
  Mutual funds; 233,569 shares     2,272,627  
Janus Worldwide Fund
  Mutual funds; 116,346 shares     6,379,278  
PIMCO Total Return Fund —Administrative Class
  Mutual funds; 949,014 shares     10,144,960  
Janus Research Fund
  Mutual funds; 451,312 shares     14,008,732  
Morgan Stanley Institutional Fund Trust Value Portfolio — Adviser Class
  Mutual funds; 312,915 shares     5,019,153  
PIMCO Low Duration Fund — Administrative Class
  Mutual funds; 266,272 shares     2,692,010  
AIM Small Cap Growth Fund — Investor Class
  Mutual funds; 177,481 shares     5,281,838  
Royce Low-Priced Stock Fund — Investment Class
  Mutual funds; 403,156 shares     5,958,648  
Wells Fargo Small Cap Value Fund-Class Z
  Mutual funds; 507,767 shares     14,938,512  
 
         
 
           
Total Mutual Funds
        375,866,872  
 
         
 
           
* Participant Loans
  1,332 participant loans (interest        
 
  rates range from 4.00% to 9.50% with        
 
  maturities ranging from 1 to        
 
  25 years)        
 
        9,421,331  
 
         
 
           
Total Investments
      $ 437,160,836  
 
         
 
*   Party-in-interest as defined by ERISA
See accompanying report of independent registered public accounting firm.

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Schedule 4
W. R. Berkley Corporation Profit Sharing Plan
Schedule H, Line 4a — Schedule of Nonexempt Transactions
for Delinquent Participant Contributions
Year ended December 31, 2007
                         
    (b)            
(a)   Relationship to plan,   (c)   (d)   (e)
Identity of   employer or other   Description of transaction   Amount on   Lost
party involved   party-in-interest   including rate of interest   line 4(a)   Interest
 
                       
Watch Hill
  Affiliate   Employee contributions not deposited in a timely manner during 2007. Deposited 2 days after as soon as administratively possible   $ 2,987     $ 1  
Bkly Life
  Affiliate   Deposited 3 days after as soon as administratively possible     2,046       2  
A&H
  Affiliate   Deposited 3 days after as soon as administratively possible     11,526       8  
Fac Re
  Affiliate   Deposited 9 days after as soon as administratively possible     8,372       15  
BFRS
  Affiliate   Deposited 9 days after as soon as administratively possible     8,799       16  
Watch Hill
  Affiliate   Deposited 8 days after as soon as administratively possible     3,273       5  
BF Re
  Affiliate   Deposited 9 days after as soon as administratively possible     15,424       28  
It was noted that there were unintentional delays by the Plan Sponsor in submitting employee contributions to the Fund. The delays ranged from 2 to 9 days and withholding amounts ranged from $2,046 to $15,424 per the Plan Sponsor. Lost interest ranged from $1 to $28. All participants’ contributions have been credited to their accounts. The Plan Sponsor will reimburse lost interest to the Plan.

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Signatures
Pursuant to the requirements of the Securities Exchange Act of 1934, the Finance Committee of W. R. Berkley Corporation Profit Sharing Plan has duly caused this annual report to be signed on its behalf by the undersigned thereunto duly authorized.
         
  W. R. BERKLEY CORPORATION
PROFIT SHARING PLAN
 
 
  By   Eugene G. Ballard    
    Eugene G. Ballard   
    Member, Profit Sharing Plan Administrative Committee   
 
June 25, 2008

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Exhibit Index
     
Exhibit 23  
Consent of Independent Registered Public Accounting Firm

 

EX-23 2 y61766exv23.htm EX-23: CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM EX-23
Exhibit 23
W. R. Berkley Corporation Profit Sharing Plan
Consent of Independent Registered Public Accounting Firm
Board of Directors
W. R. Berkley Corporation:
We consent to the incorporation by reference in Registration Statement No. 33-88640 on Form S-8 of
W. R. Berkley Corporation of our report dated June 25, 2008, with respect to the statements of net assets available for plan benefits of the W. R. Berkley Corporation Profit Sharing Plan (the Plan) as of December 31, 2007 and 2006, and the related statement of changes in net assets available for plan benefits for the year ended December 31, 2007 and the related supplemental Schedule H, line 4i, schedule of assets (held at end of year) at December 31, 2007, which report appears in the December 31, 2007 annual report on Form 11-K of the Plan.
         
     
  /s/ KPMG LLP    
     
     
 
New York, New York
June 25, 2008

 

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