MERCK GROUP LEGAL PLAN SUMMARY PLAN DESCRIPTION

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MERCK

GROUP LEGAL PLAN

SUMMARY PLAN DESCRIPTION

Effective Jan. 1, 2014

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(excluding Telerx Marketing, Inc., Comsort, Inc., Vree Health LLC and Merck Global Health Innovation Fund, LLC and each of their subsidiaries) and excluding employees subject to a collective bargaining agreement with the United Steelworkers Union Local 10-00086.

A list of the collective bargaining units whose members are eligible to participate in group legal benefits under the Merck Other Group Benefits Plan as described in this SPD is included as Exhibit A.

FREQUENTLY USED TERMS

Key words that are frequently used in the SPD are capitalized and defined in the Glossary.

The group legal benefits described in this SPD provided under the Merck Other Group Benefits Plan are referred to in this SPD as the “Group Legal Plan,” the “Legal Plan” or the “Plan.”

ABOUT THIS SPD

This SPD does not apply to any employee or former employee of Merck & Co., Inc. or its subsidiaries or joint ventures other than those specified above.

This SPD merely summarizes the group legal benefits provided under the Merck Other Group Benefits Plan effective Jan. 1, 2014 to the employees described above.

This SPD reflects the provisions of the Group Legal Plan in effect as of Jan. 1, 2014. It replaces the SPD effective Jan. 1, 2012 entitled “The Merck Group Legal Plan — Your Summary Plan Description” and all applicable

summaries of material modifications dated before Jan. 1, 2014.

RIGHT TO AMEND OR TERMINATE THE PLAN

The Plan Sponsor reserves the right to amend the Merck Other Group Benefits Plan, including but not limited to the group legal benefits provided under the plan, in whole or in part to completely discontinue the Merck Other Group Benefits Plan at any time.

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U.S.-based excludes Puerto Rico.

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INTRODUCTION

YOUR GROUP LEGAL BENEFITS

Merck’s Group Legal coverage provides access to a network of more than 12,000 attorneys nationwide. The Group Legal Plan is administered by Hyatt Legal Plans, a MetLife Company.

Eligible Employees may enroll for coverage under the Group Legal Plan or elect to waive coverage in the Plan.

Benefits Contacts and Resources

Several vendors administer and help answer questions about the Legal Plan benefits. This chart will help you decide who to contact depending on your needs.

When You Want to… Contact How

 Obtain plan literature and forms  Ask a benefits related question  View the Merck Summary Plan

Descriptions

 If you’re an Eligible Employee: - Enroll in your benefits when

first hired or during annual enrollment

- Update dependent information - Report a Life Event

Change

- Access information and updates about all of Merck’s benefits Merck Benefits Service Center at Fidelity http://netbenefits.com/merck 800-66-MERCK (800-666-3725) TDD: 888-343-0860

Representatives are available Monday through Friday (excluding New York Stock Exchange holidays) between 8:30 a.m. and 8:30 p.m., ET.

Overseas: Dial your country’s toll-free AT&T Direct® access number then enter 800-666-3725.

In the U.S., call 800-331-1140 to obtain AT&T Direct access numbers.  If you’re enrolled in the Merck

Group Legal Plan:

- Ask a specific coverage question

- Check the status of a claim

Hyatt Legal Plans’ Client Service Center

800-GET-MET8

(800-438-6388)

Monday through Friday 8 a.m. to 7 p.m., ET.

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KEY POINT — ENROLLING IN GROUP LEGAL BENEFITS

Enrollment in the Merck Group Legal Plan is through the Merck Benefits Service Center at Fidelity— the service provider for administration of Merck’s Health & Insurance benefits. Eligible Employees can enroll in Group Legal benefits online or by phone.

Merck Benefits Service Center at Fidelity

The Merck Benefits Service Center at Fidelity (Benefits Service Center) can help you with enrollment, general benefits information and questions. It is administered by Fidelity Investments and available online and by phone.

Online:

Fidelity NetBenefits® at http://netbenefits.com/merck

If you have an existing Fidelity NetBenefits account, use the same username/login information you used previously.

By Phone:

800-66-MERCK (800-666-3725) or TDD at 888-343-0860

Customer Service Representatives are available Monday through Friday (excluding New York Stock Exchange holidays) between 8:30 a.m. and 8:30 p.m., ET. For overseas calls dial your country’s toll-free AT&T Direct® access number then enter 800-666-3725. In the U.S., call 800-331-1140 to obtain AT&T Direct access numbers.

KEY POINT — CONTACTING THE MERCK BENEFITS SERVICE CENTER AT FIDELITY

To contact the Benefits Service Center, online or by phone, you will need a password. Your password provides security to ensure that only you can access your benefits information. Keep your password in a confidential place. You can establish your password directly online or by calling the Benefits Service Center.

If you have an existing Fidelity NetBenefits® account, use the same username/password information you used previously. If you have forgotten your username or password, you will need to reset it using “Having trouble with your username or password?” on the login page. When you change your username or password, the change will apply to all of your Fidelity accounts and services going forward.

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GENERAL INFORMATION

ABOUT GROUP LEGAL BENEFITS

This section provides Eligible Employees with important information about the Group Legal Plan — including eligibility, enrollment, contributions and when you can make changes to your benefits.

Group Legal Eligibility

If you are an Eligible Employee, you may elect to participate in the Group Legal Plan as of your date of hire, rehire or transfer. If you elect to participate in the Legal Plan for yourself, your Eligible Dependents will be covered automatically.

You are not eligible for coverage under the Group Legal Plan if you are an Excluded Employee or Excluded Person.

Enrolling in Group Legal Benefits

Eligible Employees may choose coverage under the Group Legal Plan or you may choose the No Coverage option.

Your Legal Plan option and costs appear on http://netbenefits.com/merck. You may also call the Benefits Service Center for additional information.

If You Waive Coverage

Eligible Employees may elect to waive coverage by selecting the No Coverage option. Electing No Coverage means that you waive coverage in the Group Legal Plan for the Plan Year.

State Mandates

The Group Legal Plan is governed by the Employee Retirement Income Security Act of 1974 (ERISA). Certain states may have provisions that Merck is not required to follow. For more information, contact the Benefits Service Center.

Enrollment for Newly Hired or Rehired Full-Time, Part-Time and Transferred Employees

Eligible Employees and Transferred Employees must enroll in the Legal Plan to be covered.

If You Enroll in the Legal Plan Option Within Your 30-Day Initial Enrollment Period

You may elect or waive the Legal Plan coverage within your 30-day Initial Enrollment Period by contacting the Benefits Service Center. As long as you enroll for coverage within your 30-day Initial Enrollment Period, your coverage will be effective as of your hire, rehire or transfer date. See “How to Enroll” for more detailed instructions.

If You Do Not Enroll Within Your 30-Day Initial Enrollment Period

If you do not elect to enroll in the Group Legal Plan within your 30-day Initial Enrollment Period, you will not have Legal Plan coverage for the remainder of the Plan Year. You will not be able to change your Legal Plan coverage until the next annual enrollment period, for coverage effective the following Jan. 1.

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How to Enroll

You enroll in the Merck Group Legal Plan through the Benefits Service Center either online or by phone.

Online: http://netbenefits.com/merck

Follow these steps:

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From the Health & Insurance tab, select Get Started Now.

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Enter or validate information about your Eligible Dependents.

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Enroll in your benefits through your online Benefit Elections page.

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When you are satisfied with your selections, click “Save Your Benefits.” The elections from your online session will not be saved until you click “Save Your Benefits.”

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A confirmation screen will display the elections you submitted. Print this page for your records.

By Phone

Customer Service Representatives can take your benefit elections by phone between 8:30 a.m. and 8:30 p.m., ET, Monday through Friday (excluding New York Stock Exchange holidays). Once you enroll by phone, it’s a good idea to confirm your benefit elections online.

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In the U.S.: call 800-66-MERCK (800-666-3725).

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TDD service for the hearing impaired: call 888-343-0860.

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For overseas calls: dial your country’s toll-free AT&T Direct access number then enter

800-666-3725. In the U.S., call 800-331-1140 to obtain AT&T Direct access numbers. From

anywhere in the world, access numbers are available online at www.att.com/traveler or from your local operator.

When Coverage Begins

Your Group Legal coverage begins on your date of hire or rehire. If you elect Group Legal coverage for yourself, your Eligible Dependents are covered automatically.

Paying for Group Legal Benefits

Full-Time and Part-Time Employees

You pay the full cost of Group Legal coverage through regular payroll deductions.

Your employee contributions start the first of the month following your date of hire/rehire/transfer, although your coverage begins as of your date of hire/rehire/transfer. Current employee contributions for the Group Legal Plan are listed on http://netbenefits.com/merck. Employee contributions may change from year to year. Merck will inform you, typically during the annual enrollment period, if there are any employee contribution changes.

Merck LTD Employees

If you are on an unpaid leave of absence, you cannot receive payroll deductions for your Group Legal coverage. Instead, you will be billed by the Benefits Service Center on a monthly basis. You must remit payment at the times specified by the Benefits Service Center or you will lose coverage for the remainder of the Plan Year. If you lose coverage, you will be eligible to re-enroll in Group Legal coverage during annual enrollment for coverage effective the following Jan. 1.

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If you are a Merck LTD Employee, coverage ends on the last day of the month following your LTD effective date. If you return to work in the same year in which your LTD starts, coverage resumes the first day of the month following your return to work. If you return to work in a subsequent Plan Year, you must re-enroll and will be given instructions on how to do so.

After-Tax Contributions

Your contributions toward the cost of Group Legal coverage are deducted from your paycheck on an after-tax basis. This means your contributions come out of your pay after federal income and Social Security after-taxes are deducted.

Making Changes to Your Coverage

Annual Enrollment

Each year during annual enrollment, you may elect to make changes to your Legal Plan coverage or keep your current Legal Plan election, subject to its continued availability. Generally, the benefit elections you make will remain in effect for the entire Plan Year (Jan. 1 – Dec. 31).

Changes made during the annual enrollment period are effective Jan. 1 of the following year. If you do not make a change during annual enrollment, your Group Legal Plan coverage for the new Plan Year will automatically default to your current Group Legal Plan option (subject to its continued availability). Each year, you will be notified of the annual enrollment procedures, coverage costs and timeframes for enrolling in or changing your elections for the upcoming Plan Year. Since Merck may make changes to the Group Legal Plan at any time, it is important to review your annual enrollment materials carefully when you receive them. You may access annual enrollment materials, obtain contact information, review plan design changes and confirm most benefits online at http://netbenefits.com/merck.

If You Take a Leave of Absence

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Approved Paid Leave of Absence. If you take an approved paid leave of absence, your Employer

will continue to deduct your portion of the cost of Group Legal coverage through payroll deductions. Deductions will be on an after-tax basis.

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Approved Unpaid Leave of Absence. If you take an approved unpaid leave of absence, you will

be billed for coverage during your leave from the Benefits Service Center. Amounts paid during the leave will be paid for with after-tax dollars. For employees who return to work at the expiration of a leave, any accumulated unpaid amounts will be deducted from your initial paychecks on an after-tax basis. However, if you fail to pay premiums to continue coverage in the time and manner specified by the Plan Administrator, your coverage will end and you will not be able to re-enroll for coverage unless and until you return to active employment.

While on leave, you will continue to pay the same rates as similarly situated active employees.

When Group Legal Coverage Ends

Your coverage in the Merck Group Legal Plan ends on the earliest of:

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The date your employment terminates,

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The date you are no longer eligible to participate,

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The day immediately prior to the day your No Coverage option goes into effect,

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If you are an LTD Employee, on an approved unpaid leave of absence and do not pay your premiums, the first day of the month after your leave begins,

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The date the required contributions for coverage are not paid, or

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HOW THE MERCK GROUP LEGAL PLAN WORKS

MERCK GROUP LEGAL PLAN BENEFITS

Legal issues can arise at any time, including when you get married or enter into a domestic partnership, have a baby, buy or sell your home, get divorced or terminate a domestic partnership or lose a loved one. To help you with a variety of personal legal matters at times like these, the Group Legal coverage provides access to a national network of attorneys.

Using the Plan

Group Legal Plan services will be provided through a panel of Plan Attorneys. Here is how to use the Group Legal Plan when you need legal assistance.

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Call a Hyatt Legal Plans Client Service Center Representative at 800-GET-MET8. You will be asked for your Social Security number to verify your eligibility for benefits. (Note: When receiving service, you will only be asked for the last 4 digits of you Social Security number.)

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The Client Service Center Representative will make an initial determination regarding your case, provide you with a case number and help you locate a Plan Attorney in your area. (You may also do your own search for Plan Attorneys in your area.)

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Call the attorney to schedule an appointment.

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For services to be covered under the Group Legal Plan, you must have a case number. Therefore, even if you decide to use an attorney who is not a participating Plan Attorney, you still must call the Hyatt Legal Plans Client Service Center to initiate the benefit process. In addition, you need a new case number each time you open a new case.

Merck Group Legal Plan at a Glance

For These Types of Services The Merck Group Legal Plan Pays You Pay Office consultations and telephone advice on legal

issues pertaining to consumer protection matters, debt matters, defense of civil lawsuits, document preparation, family law, immigration assistance, personal injury, real estate matters, traffic and criminal matters, and wills and estate matters

100% when using a Plan Attorney. Note: when using a non-Plan Attorney, you will be reimbursed based on the Fee Reimbursement Schedule found in the back of this SPD

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How to File a Claim

If you use a Plan Attorney, there is no need to file a claim for benefits. If you use an attorney who is not a Plan Attorney, call Hyatt Legal Plans at 800-GET-MET8 to request a Fee Reimbursement Form. Complete the form, attach the attorney’s bill and submit everything to Hyatt Legal Plans at the address on the form. Be sure to keep a copy of the claim for your records. If the provided services are covered, you will receive a reimbursement check in the mail generally within two weeks of when Hyatt Legal Plans receives your completed form. Benefits are paid up to the amount covered by the Group Legal Plan; you are responsible for the remainder of the fee, if any.

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Covered Legal Services

The Merck Group Legal Plan covers eligible expenses for the services listed below. Eligible expenses are covered at 100% from a Plan attorney unless otherwise noted. However, for services to be covered, you must have called Hyatt Legal Plans, obtained a case number and retained an attorney. The following summarizes the available benefits and applicable limitations and conditions for coverage:

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Advice and Consultation — By phone or during an office consultation, you may discuss personal

legal problems with a Plan Attorney who will identify any further coverage available under the Plan and, if requested, will represent you. If representation is covered by the Plan, you will not be charged for services. If representation is recommended but not covered by the Plan, the Plan Attorney will provide a written fee statement and you decide whether to retain the Plan Attorney at your own expense, seek outside counsel or do nothing. There are no restrictions on the number of times per year you may use this service; however, for a non-covered matter, this service is not intended to provide you with continuing access to a Plan Attorney in order to seek advice that would allow you to undertake your own representation.

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Consumer Protection

– Consumer Protection Matters — Covers you and your covered dependents as plaintiff for representation, including trial, in disputes over consumer goods and services where the amount being contested exceeds the small claims court limit in that jurisdiction and is documented in writing. This service does not include disputes over real estate, construction, insurance or collection activities after a judgment.

– Small Claims Assistance — Covers counseling on prosecuting a small claims action; helping you or your covered dependents prepare documents; advising you on evidence, documentation and witnesses; and preparing you for trial. The service does not include the Plan Attorney’s attendance or representation at the small claims trial, collection activities after a judgment or any services relating to post-judgment actions.

– Personal Property Action — Covers counseling over the phone or in the office on any

personal property issue such as consumer credit reports, contracts for the purchase of personal property, consumer credit agreements or installment sales agreements. Counseling on pursuing or defending small claims actions is also included. The service also includes reviewing any personal legal documents and preparing promissory notes, affidavits and demand letters.

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Debt Collection

– Debt Collection Defense — Provides you and your covered dependents with an attorney’s services for negotiation with creditors for a repayment schedule and to limit creditor

harassment, and representation in defense of any action for personal debt collection, tax agency debt collection, foreclosure, repossession or garnishment, up to and including trial if necessary. It does not include vacating a judgment; counter, cross or third party claims; bankruptcy; any action arising out of family law matters including support and post-decree issues; or any matter where the creditor is affiliated with the sponsor or Employer.

– Identity Theft Defense — Provides you and your covered dependents with consultations with an attorney regarding potential creditor actions resulting from identity theft and attorney services as needed to contact creditors, credit bureaus and financial institutions. It also provides defense services for specific creditor actions over disputed accounts. The defense services include limiting creditor harassment and representation in defense of any action that arises out of the identity theft such as foreclosure, repossession or garnishment, up to and including trial if necessary. The service also provides you and your covered dependents with online help and information about identity theft and prevention. It does not include counter claims, cross claims, bankruptcy, any action arising out of divorce or post-decree matters or any matter where the creditor is affiliated with the sponsor or Employer.

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8 – Personal Bankruptcy or Wage Earner Plan — Covers you and your Spouse/Same-Sex

Domestic Partner in pre-bankruptcy planning, the preparation and filing of a personal bankruptcy or Wage Earner petition, and representation at all court hearings and trials. This service is not available if a creditor is affiliated with Merck, even if you or your Spouse/Same-Sex Domestic Partner chooses to reaffirm that specific debt.

– Tax Audits — Covers reviewing tax returns and answering questions the IRS or a state or local taxing authority has concerning your tax return; negotiating with the agency; advising you on necessary documentation; and attending an IRS or a state or local taxing authority audit. The service does not include prosecuting a claim for the return of overpaid taxes or the preparation of any tax returns.

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Defense of Civil Lawsuits

– Administrative Hearing Representation — Covers you and your covered dependents in defense of civil proceedings before a municipal, county, state or federal administrative board, agency or commission. The service includes the hearing before an administrative board or agency over an adverse governmental action. It does not apply where services are available or are being provided by virtue of an insurance policy. It does not include family law matters, post-judgment matters or litigation of a job-related incident.

– Civil Litigation Defense — Covers you and your covered dependentsin defense of an arbitration proceeding or civil proceeding before a municipal, county, state or federal

administrative board, agency or commission, or in a trial court of general jurisdiction. It does not apply where services are available or are being provided by virtue of an insurance policy. It does not include family law matters, post-judgment matters, matters with criminal penalties or litigation of a job-related incident. Services do not include bringing counterclaims, third party or cross claims.

– Incompetency Defense — Covers you and your covered dependents in the defense of any incompetency action, including court hearings when there is a proceeding to find you incompetent.

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Document Preparation

– Affidavits — Covers preparation of any affidavit in which you and your covered dependents are the person making the statement.

– Deeds — Covers the preparation of any deed for which you and your covered dependents are either the grantor or grantee.

– Demand Letters — The preparation of letters that demand money, property or some other property interest of you and your covered dependents, except an interest that is an excluded service. It also covers mailing them to the addressee and forwarding and explaining any response you. Negotiations and representation in litigation are not included.

– Mortgages — Covers the preparation of any mortgage or deed of trust for which you and your covered dependents are the mortgagor. This service does not include documents pertaining to business, commercial or rental property.

– Notes — Covers the preparation of anypromissory note for which you and your covered dependents are the payor or payee.

– Document Review — Covers the review for you and your covered dependents of any personal legal documents, such as letters, leases or purchase agreements.

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Family Law

– Elder Law Matters — Covers counseling you over the phone or in the office on any personal issues relating to your parents and Spouse’s/Same-Sex Domestic Partner’s parents as they affect you. The service includes reviewing your parents’ documents to advise you of their effect on you. The documents include Medicare or Medicaid materials, prescription plans, leases,

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nursing home agreements, powers of attorney, living wills and wills. The service also includes preparing deeds involving the parents when you are either the grantor or grantee; and preparing promissory notes involving the parents when you are the payor or payee.

– Name Change — Covers you and your covered dependentsfor all necessary pleadings and court hearings for a legal name change.

– Prenuptial Agreement — Covers the preparation of an agreement by you and your fiancé/partner prior to their marriage or legal union (where allowed by law), outlining how property is to be divided in the event of separation, divorce or death of a Spouse/Same-Sex Domestic Partner. Representation is provided only to you. The fiancé/partner must have separate counsel or must waive representation.

– Protection from Domestic Violence — Covers you only, not the Spouse/Same-Sex Domestic Partner or dependents, as the victim of domestic violence. It provides you with representation to obtain a protective order, including all required paperwork and attendance at all court

appearances. The service does not include representation in suits for damages, defense of any action, or representation for the offender.

– Adoption and Legitimization (Contested and Uncontested) — Covers all legal services and court work in a state or federal court for an adoption for the Plan Member and Spouse/Same-Sex Domestic Partner. Legitimization of a child for the Plan Member and Spouse/Same-Spouse/Same-Sex Domestic Partner, including reformation of a birth certificate, is also covered.

– Guardianship or Conservatorship (Contested or Uncontested) — Covers establishing a guardianship or conservatorship over a person and his or her estate when the Plan Member or Spouse/Same-Sex Domestic Partner is appointed as guardian or conservator. It includes obtaining a guardianship or conservatorship, gathering any necessary medical evidence, preparing the paperwork, attending the hearing and preparing the initial accounting. This service does not include representation of the person over whom guardianship or conservatorship is sought, or any annual accountings after the initial accounting.

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Immigration Assistance — Covers advice and consultation, preparation of affidavits and powers of

attorney, review of any immigration documents and helping you and your covered dependents prepare for hearings.

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Personal Injury (25% network maximum) — Subject to applicable law and court rules, Plan

Attorneys will handle personal injury matters (where you and/or your covered dependents are the plaintiff) at a maximum fee of 25% of the gross award. It is your responsibility to pay this fee and all costs.

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Real Estate Matters

– Boundary or Title Disputes (Primary Residence) — Covers negotiations and litigation arising from boundary or title disputes for you and your covered dependents involving your primary residence, where coverage is not available under your homeowner or title insurance policies. – Eviction and Tenant Problems (Primary Residence — Tenant Only) — Covers you and your

covered dependentas a tenant for matters involving leases, security deposits or disputes with a residential landlord. The service includes eviction defense, up to and including trial. It does not include representation in disputes with other tenants or as a plaintiff in a lawsuit against the landlord, including an action for return of a security deposit.

– Security Deposit Assistance (Primary Residence — Tenant Only) — Covers counseling you and your covered dependent as a tenant in recovering a security deposit from your residential landlord for your primary residence; reviewing the lease and other relevant documents; and preparing a demand letter to the landlord for the return of the deposit. It also covers assisting you and your covered dependents in prosecuting a small claims action; helping prepare documents; advising on evidence, documentation and witnesses; and preparing you for the small claims trial. The service does not include the Plan Attorney’s attendance or representation

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10 at small claims trial, collection activities after a judgment or any services relating to

post-judgment actions.

– Home Equity Loans (Primary Residence) — Covers the review or preparation of a home equity loan for you and your covered dependents on your primary residence.

– Home Equity Loans (Second or Vacation Home) — Covers the review and preparation of a home equity loan for you and your covered dependents on your second or vacation home. – Property Tax Assessment (Primary Residence) — Covers you and your covered dependents

for review and advice on a property tax assessment on your primary residence. It also includes filing the paperwork; gathering the evidence; negotiating a settlement; and attending the hearing necessary to seek a reduction of the assessment.

– Refinancing of Home (Primary Residence) — Covers the review or preparation, by an attorney representing you, of all relevant documents (including the refinance agreement, mortgage and deed, and documents pertaining to title, insurance, recordation and taxation), which are involved in the refinancing of or obtaining a home equity loan for you and your covered dependents on your primary residence. The benefit also includes attendance of an attorney at closing. This benefit includes obtaining a permanent mortgage on a newly

constructed home. It does not include services provided by any attorney representing a lending institution or title company. The benefit does not include the refinancing of a second home, vacation property or property that is held for any rental, business, investment or income purpose.

– Refinancing of Home (Second or Vacation Home) — Covers the review or preparation, by an attorney representing you and your covered dependents, of all relevant documents (including the refinance agreement, mortgage and deed, and documents pertaining to title, insurance, recordation and taxation), which are involved in the refinancing of or obtaining a home equity loan on your second home or vacation home. The benefit also includes attendance of an attorney at closing. This benefit includes obtaining a permanent mortgage on a newly

constructed home. It does not include services provided by any attorney representing a lending institution or title company. The benefit does not include the refinancing of a second home, vacation property or property that is held for any rental, business, investment or income purpose.

– Home Sale or Purchase of Home (Primary Residence) — The review or preparation, by an attorney representing you and your covered dependents, of all relevant documents (including the construction documents for a new home, the purchase agreement, mortgage and deed, and documents pertaining to title, insurance, recordation and taxation), which are involved in the purchase or sale of your primary residence or of a vacant property to be used for building a primary residence. The benefit also includes attendance of an attorney at closing. It does not include services provided by any attorney representing a lending institution or title company. The benefit does not include the sale or purchase of a second home, vacation property, rental property, property held for business or investment or leases with an option to buy.

– Sale or Purchase of Home (Second or Vacation Home) — Covers the review or preparation, by an attorney representing you and your covered dependents, of all relevant documents (including the construction documents for a new second home or vacation home, the purchase agreement, mortgage and deed, and documents pertaining to title, insurance, recordation and taxation), which are involved in the purchase or sale of your second home or vacation home or of a vacant property to be used for building a second home or vacation home. The benefit also includes attendance of an attorney at closing. It does not include services provided by any attorney representing a lending institution or title company. The benefit does not include the sale or purchase of a second home or vacation home held for rental purpose, business, investment or income or leases with an option to buy.

– Zoning Applications — Provides you and your covered dependents with the services of a lawyer to help get a zoning change or variance for your primary residence. Services include Merck Group Legal Plan SPD Merck Benefits Service Center at Fidelity

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reviewing the law, reviewing the surveys, advising you, preparing applications, and preparing for and attending the hearing to change zoning.

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Traffic and Criminal Matters

– Juvenile Court Defense — Covers the defense of you and your dependent child in any juvenile court matter, provided there is no conflict of interest between the you and the child. In that event the service provides an attorney for you only including service for parental responsibility.

– Traffic Ticket Defense (No DUI) — Covers you and your covered dependents representation in defense of any traffic ticket including traffic misdemeanor offenses, except driving under the influence or vehicular homicide, including court hearings, negotiation with the prosecutor and trial.

– Restoration of Driving Privilege —Covers you and your covered dependents with representation in proceedings to restore your driving license.

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Wills and Estate Planning

– Trusts —Covers the preparation of revocable and irrevocable living trusts for you and your covered dependents. It does not include tax planning or services associated with funding the trust after it is created.

– Living Wills — Covers the preparation of a living will for you and your covered dependents. – Powers of Attorney— Covers the preparation of any power of attorney when you and your

covered dependents are granting the power.

– Probate (10% Network Discount) — Subject to applicable law and court rules, Plan Attorneys will handle probate matters at a fee 10% less than the Plan Attorney’s normal fee. It is your responsibility to pay this reduced fee and all costs.

– Wills and Codicils — Covers the preparation of a simple or complex will for you or your covered dependents. The creation of any testamentary trust is covered. The benefit includes the preparation of codicils and will amendments. It does not include tax planning.

Legal Services Not Covered

Excluded services are those legal services that are not provided under the Plan. No services, not even a consultation, can be provided for the following matters:

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Employment-related matters, including Company or statutory benefits,

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Matters involving the Employer, MetLife® and affiliates, and Plan Attorneys,

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Matters in which there is a conflict of interest between the employee and Spouse/Same-Sex Domestic Partner or dependents in which case services are excluded for the Spouse/Same-Sex Domestic Partner and dependents,

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Appeals and class actions,

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Patent, trademark and copyright matters,

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Costs or fines,

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Frivolous or unethical matters,

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Farm and business matters, including rental issues when you are the landlord, and

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Matters for which an attorney-client relationship exists prior to the participant becoming eligible for the Plan benefits.

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In addition to the coverages and exclusions listed, there are certain rules for special situations.

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If you are entitled to receive legal representation provided by any other organization such as an insurance company or a government agency, or if you are entitled to legal services under any other legal plan, coverage will not be provided under this Plan. However, if you are eligible for legal aid or Public Defender services, you will still be eligible for benefits under this Plan, so long as you meet the eligibility requirements.

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You may need legal help with a problem involving your Spouse/Same-Sex Domestic Partner or your children. In some cases, both you and your child may need an attorney. If it would be improper for one attorney to represent both you and your dependent, only you will be entitled to representation by the Plan Attorney. Your dependent will not be covered under the Plan. For example, in divorce you would be covered for consultation, but your Spouse would not.

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If you or your dependents are involved in a dispute with another Eligible Employee or that employee’s dependents, Hyatt Legal Plans will arrange for legal representation with independent and separate counsel for both parties.

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If you are awarded attorneys’ fees as a part of a court settlement, the Plan must be repaid from this award to the extent that it paid the fee for your attorney.

Plan Confidentiality, Ethics and Independent Judgment

Your use of the Plan and the legal services is confidential. The Plan Attorney will maintain strict

confidentiality of the traditional lawyer-client relationship. Your Employer will know nothing about your legal problems or the services you use under the Plan. Plan Administrators will have access only to limited statistical information needed for orderly administration of the Plan.

No one will interfere with your Plan Attorney’s independent exercise of professional judgment when representing you. All attorneys’ services provided under the Plan are subject to ethical rules established by the courts for lawyers. The attorney will adhere to the rules of the Plan and he or she will not receive any further instructions, direction or interference from anyone else connected with the Plan. The attorney’s obligations are exclusively to you. The attorney’s relationship is exclusively with you. Hyatt Legal Plans, Inc., or the law firm providing services under the Plan is responsible for all services provided by their attorneys. You should understand that the Plan has no liability for the conduct of any Plan Attorney. You have the right to file a complaint with the state bar concerning attorney conduct pursuant to the Plan. You have the right to retain at your own expense any attorney authorized to practice law in this state.

Plan Attorneys will refuse to provide services if the matter is clearly without merit, frivolous or for the purpose of harassing another person. If you have a complaint about the legal services you have received or the conduct of an attorney, call Hyatt Legal Plans at 800-GET-MET8. Your complaint will be reviewed and you will receive a response within two business days of your call.

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IMPORTANT INFORMATION ABOUT THE PLAN

ADMINISTRATIVE INFORMATION

This section contains information on the administration and funding for the Merck Group Legal Plan, as well as your rights as a Legal Plan participant. While you may not need this information for day-to-day participation in the Merck Group Legal Plan, you should read through this section. It is important for you to understand your rights, the procedures you need to follow and the appropriate contacts you may need in certain situations.

Your Rights Under USERRA

The Legal Plan is not subject to the “continuation coverage” requirements of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). You do not need to take any action to continue coverage under the Legal Plan when you begin your military leave. However, if you want to drop your coverage under the Legal Plan when you begin your military leave, you must contact the Benefits Service Center within 30 days after your leave begins. If you do not contact the Benefits Service Center within that 30-day period, your coverage under the Legal Plan will continue as described below.

If you are eligible to continue to receive base pay from the Employer during your military leave,

coverage will continue in accordance with the Legal Plan’s terms and conditions applicable to an employee on a paid leave of absence. Employee contributions at the active employee rate will continue to be deducted from your pay; to the extent your pay is insufficient to pay the required contributions, unpaid contributions will be accumulated and be payable by you when you return to active employee status. You may drop your coverage (or add coverage) during your military leave only during annual enrollment (for coverage changes effective the following Jan. 1).

If you are not eligible to continue to receive base pay from the Employer during your military leave, coverage will terminate as of the end of the month in which your unpaid military leave begins.

For more information regarding your rights during a military leave contact the Benefits Service Center or refer to Merck’s Military Leave Policy, available on Sync or by request to the Merck My Support Center.

Your Rights Under ERISA

As a participant in the Merck Group Legal Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all plan participants shall be entitled to the following:

Receive Information About Your Plan and Benefits

•

Examine, without charge, at the Plan Administrator’s office and at other specified locations, such as worksites and union halls, all documents governing the Merck Group Legal Plan, including

insurance contracts and collective bargaining agreements, and a copy of the latest annual report (Form 5500 Series) filed by the Plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Pension and Welfare Benefit Administration Office.

•

Obtain, upon written request to the Plan Administrator, copies of documents governing the operation of the Plan, including insurance contracts and collective bargaining agreements, and copies of the latest annual report (Form 5500 Series) and updated summary plan description. The administrator may charge a reasonable fee for the copies.

•

Receive a summary of the Plan’s annual financial report, if applicable. The Plan Administrator is required by law to furnish each participant with a copy of this summary annual report, if applicable.

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Prudent Actions by Plan Fiduciaries

In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan. The people who operate your Plan, called “fiduciaries” of the Plan, have a duty to do so prudently and in the interest of you and other Plan participants and beneficiaries. No one, including your Employer, your union, or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising your rights under ERISA.

Enforcing Your Rights

If your claim for a welfare benefit is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge and to appeal any denial, all within certain time schedules. For more information, see “Claims and Appeals.”

Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request a copy of plan documents or the latest annual report from the Plan and do not receive them within 30 days, you may file suit in a federal court. In such a case, the court may require the Plan Administrator to provide the

materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Plan Administrator.

If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or federal court. In addition, if you disagree with the Plan’s decision or lack thereof concerning the qualified status of a medical child support order, you may file suit in federal court. If it should happen that the Plan fiduciaries misuse the Plan’s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.

Assistance with Your Questions

If you have any questions about the Merck Group Legal Plan, you should contact the Plan Administrator. If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the Plan Administrator, you should contact the nearest office of the Pension and Welfare Benefits Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance of the Employee Benefits Security Administration at:

Division of Technical Assistance/Employee Benefits Security Administration U.S. Department of Labor

200 Constitution Avenue, N.W. Washington, DC 20210

You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration at 866-444-3272 or accessing their website at http://www.dol.gov/ebsa.

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Claims and Appeals

If you are denied coverage by Hyatt Legal Plans or by any Plan Attorney, you may appeal by sending a letter to:

Hyatt Legal Plans, Inc. Director of Administration 1111 Superior Avenue Cleveland, OH 44114-2507

(For Florida plans contact Hyatt Legal Plans of Florida, Inc. at the above address.)

The Director will issue Hyatt Legal Plans’ final determination within 60 days of receiving your letter. This determination will include the reasons for the denial with reference to the specific Plan provisions on which the denial is based and a description of any additional information that might cause Hyatt Legal Plans to reconsider the decision, an explanation of the review procedure and notice of the right to bring a civil action under Section 502(a) of ERISA.

Claims and Appeals for Eligibility to Participate in the Merck Group Legal Plan

If you, your beneficiary or your authorized representative feel that an error has been made concerning your eligibility to participate in the Plan you, your beneficiary or your authorized representative may request reconsideration under the Plan. All requests for reconsideration shall be submitted in writing to the Plan Administrator at the following address:

Merck Sharp & Dohme Corp. Attn: Plan Administrator (GSA-HTR) c/o Merck Benefits Service Center at Fidelity P.O. Box 770003

Cincinnati, OH 45277-0065

Express mail address:

Merck Sharp & Dohme Corp. Attn: Plan Administrator (GSA-HTR) c/o Merck Benefits Service Center at Fidelity Mail Zone KC1F-L

100 Crosby Parkway Covington, KY 41015

The Plan Administrator will review your claim and respond to you with a determination. The decision of the Plan Administrator is final and binding.

If your claim for eligibility involves whether an incapacitated child is eligible to participate in the Plan as an Eligible Dependent, you need to follow the claims and appeals procedure for the Legal Plan option in which you are enrolled. Please note that all requests for reconsideration regarding participation by the

incapacitated child must be submitted in writing to the Claims Administrator for the option in which you are enrolled. See “Benefits Contacts and Resources for Written Appeals” for address information.

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Benefit Contacts and Resources for Written Appeals

The following chart lists the appeals address for each of the available Merck Group Legal Plan coverage options and/or benefit features of the Plan.

If a Claim Is Denied Send Your Written Appeal to the Claims Administrator at this Address Benefit Appeals

Claims Administrator and fiduciary for the Merck Group Legal Plan: Hyatt Legal Plans, Inc.

Director of Administration

Eaton Center 1111 Superior Avenue Cleveland, OH 44114-2507

Eligibility Appeals

Plan Administrator for the Merck Group Legal Plan:

Cincinnati, OH 45277-0065

Express mail address:

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Plan Disclosure Information

Employer/Sponsor

Merck Sharp & Dohme Corp. sponsors the Merck Other Group Benefits Plan. The employer identification number assigned to Merck Sharp & Dohme Corp. by the IRS is #22-1261880. The address and phone number for Merck Sharp & Dohme Corp. is:

Cincinnati, OH 45277-0065 Express mail address:

Telephone: 866-MERCK-HD (866-637-2543).

For U.S. employees calling from outside of the United States, +1-908-423-HELP (+1-908-423-4357)

Plan Administrator/Claims Administrator

The Plan Administrator for the Merck Other Group Legal Plan is Merck Sharp & Dohme Corp. Administration of the Merck Group Legal Plan is the responsibility of the Plan Administrator. The Claims Administrators determine eligibility for benefits under the Merck Group Legal Plan in accordance with the official Group Legal Plan documents. For the list of Claims Administrators, see the “Plan Funding and Administration” chart.

The Plan Administrator has the exclusive discretion to construe and interpret the terms of the Merck Group Legal Plan as follows:

•

To adopt such rules for the administration of the Plan as it considers desirable,

•

To make factual determinations, interpret and construe the Plan, correct defects, supply omissions and reconcile inconsistencies to the extent necessary to effectuate the Plan, resolve all questions arising in the administration, interpretation and application of the Plan, and such action will be conclusive upon the Company, the Plan, participants, employees, their dependents and beneficiaries,

•

To decide all questions of eligibility and participation,

•

To prescribe procedures and election forms to be followed by participants to make elections to this Plan,

•

To accept, modify or reject elections under the Plan,

•

To authorize disbursements on behalf of the Plan,

•

To prepare and distribute to participants information explaining the Plan and the benefits available hereunder in such a manner as the Plan Administrator deems appropriate,

•

To settle any lawsuit against the Plan or Plan Administrator, and

•

To request and receive from all participants such information as the Plan Administrator will from time to time determine to be necessary for the proper administration of the Plan.

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18 The Plan Administrator has reserved the right to delegate all or any portion of its authority described above to a representative. The Plan Administrator has delegated all of its authority described above with respect to adjudicating claims and appeals for benefits (and handling any resulting lawsuits) under the Group Legal Plan to the Claims Administrators. That means that the Claims Administrator has the sole authority to determine such matters under the Plan and the Plan Administrator will not and cannot substitute its judgment for that of the Claims Administrators on such matters. It also means the Claims Administrator has all of the discretion described above to the extent it relates to the Claims Administrator’s duties under the Group Legal Plan, for example regarding eligibility for benefits, according to the broad discretion set forth above.

The amounts paid to the Claims Administrator by the Plan Sponsor and the Plan are designed to, and do, ensure that the Claims Administrator is not subject to influence by Merck & Co., Inc. or its subsidiaries, including but not limited to financial influence, as the Claims Administrator acts as a fiduciary for the Plan and the Plan participants. The Plan Sponsor designed this structure to ensure that any court reviewing determinations made by the Claims Administrator will defer to the Claims Administrator’s decisions unless the court finds that the determination was both arbitrary and capricious, a highly deferential standard. Contact the Plan Administrator if you have any questions about the Merck Group Legal Plan other than routine questions or questions about the filing or status of claims under the Plan. For routine questions, call the Benefits Service Center. For questions about the filing status of claims, contact the Claims Administrator at the address listed in “Contact Information for Written Appeals.”

Agent for Service of Legal Process

If, for any reason, you want to seek legal action against the Merck Group Legal Plan, you can serve legal process on Merck & Co., Inc. by directing such service to the following address:

Merck Sharp & Dohme Corp.

Attn: Benefits and Executive Compensation Legal Group One Merck Drive

PO Box 100 WS 3B-35

Whitehouse Station, NJ 08889-0100

Service of legal process may also be made upon the Plan Sponsor or the Plan Administrator.

Plan Funding and Administration

The Merck Group Legal Plan is financed by contributions from participating Eligible Employees. Group Legal Plan expenses are paid by the Plan Sponsor to the Claims Administrator from the Plan Sponsor’s general assets.

Plan Funding and Administration Chart

Official Plan Name

and Plan Type

Plan Number Benefits Type Claims Administrator

Type of Administration

Insured or Self-Insured

Merck Other Group Benefits Plan 501 Welfare/Voluntary legal plan Hyatt Legal Plans Contract Administration N/A

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No Right to Employment

Nothing in this SPD represents nor is considered an employment contract, and neither the existence of the Group Legal Plan nor any statements made by or on behalf of the Company or the Employer shall be construed to create any promise or contractual right to employment or to the benefits of employment. The Company, the Employer or you may terminate the employment relationship without notice at any time and for any reason.

Plan Amendment or Termination

The Plan Sponsor reserves the right to amend the Group Legal Plan in whole or in part or to completely discontinue the Group Legal Plan at any time. However, following a “change in control,” as defined in the Merck & Co., Inc. Change in Control Separation Benefits Plan (“the Separation Benefits Plan”), certain limitations apply to the ability of Merck & Co., Inc. to amend or terminate the Group Legal Plan.

Amendments may be retroactive, however, no amendment or termination shall reduce the amount of any benefit otherwise payable under the Merck Group Legal Plan for charges incurred prior to the effective date of such amendment or termination.

If a benefit is terminated and surplus assets remain after all liabilities have been paid, such surplus shall revert to the Plan Sponsor to the extent permitted under applicable law, unless otherwise stated in the applicable plan document.

For two years following a “change in control” (as defined in the Separation of Benefits Plan) the material terms of the Merck Group Legal Plan (including terms relating to eligibility, benefit calculation, benefit accrual, cost to participants, subsidies and rates of employee contributions) may not be modified in a manner that is materially adverse to individuals that participated in the Plan immediately before the “change in control.” During that two-year period, the Company will pay the legal fees and expenses of any participant that prevails on at least one material item of his/her claim for relief in an action regarding an impermissible amendment (other than ordinary claims for benefits).

Plan Documents

This SPD is intended as merely a summary of the official plan documents and should be retained as part of your permanent records. It does not describe every plan or program provision in full detail and it does not alter the plan or program or any legal instrument related to the plan’s or program’s creation, operations, funding or benefit payment obligations. Every effort has been made to ensure that this SPD accurately reflects relevant plan or program provisions currently in effect. However, the plan or program documents, which may include insurance contracts and other written agreements with service providers (each of which are held on file with the Plan Sponsor) will govern in the event of any conflict between those documents and this SPD, any verbal representation, or with respect to any provision not discussed in this SPD.

Plan Year

The Plan Year for the Merck Group Legal Plan begins on Jan.1 and ends on Dec. 31 of each year. The financial records of the Merck Group Legal Plan are kept on a calendar-year basis.

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GLOSSARY

This section defines key words that are frequently used in the SPD. These terms are capitalized throughout the SPD.

Casual Employee — A person who may be called by the Employer at any time for employment in the

United States on a non-scheduled and non-recurring basis, and becomes an employee of the Employer only after reporting to work for the period of time during which the person is working and who is not a Non-Eligible-Union Employee and is not an Excluded Person.

Claims Administrator — MetLife.

Company — Merck & Co., Inc. and its wholly-owned subsidiaries. Eligible Dependents —

•

Your Spouse or Same-Sex Domestic Partner.

•

Your children up to the end of the month in which they reach age 26. Children mean your: – Biological children,

– Stepchildren, including your Spouse’s/Same-Sex Domestic Partner’s biological children, foster children, legally adopted children and children for whom your Spouse/Same-Sex Domestic Partner is legal guardian, in each case who are not also your biological children, foster children, legally adopted children and children for whom you are legal guardian,

– Foster children,

– Legally adopted children (eligibility begins on the date of placement for adoption or commencement of legal obligation to provide support in anticipation of adoption), and – Children for whom you are legal guardian.

If You Have a Child with a Disability

If your dependent child is physically or mentally disabled, coverage for the child may continue beyond age 26, provided the child’s disability begins before the date the child reaches the age at which coverage would otherwise end. You will need to provide proof of your child’s disability to the Claims Administrator at least 60 days before the date coverage is scheduled to end and annually thereafter. To continue coverage, the Claims Administrator also reserves the right to have a physician of its choice examine your child once a year. For more information on how to contact the Claims Administrator, see the “Administrative Information” chapter.

Eligible Employees — Regular Full-Time Employees, Regular Part-Time Employees, Merck U.S.

Expatriates, Merck Temporary Employees and LTD Employees.

Eligible Union Employees — All U.S.-based employees of an Employer who are members of a collective

bargaining unit identified on Exhibit A, except those who are members of the United Steelworkers Local 10-00086 collective bargaining unit.

Employer — The wholly owned U.S. subsidiaries of Merck & Co., Inc. other than Telerx Marketing, Inc.,

Comsort, Inc., Vree Health LLC and Merck Global Health Innovation Fund, LLC and each of their subsidiaries.

Excluded Employees — Casual Employees, any class of Excluded Person, Intern/Graduate/Cooperative

Student Associates, LTD Employees, and Non-Eligible Union Employees.

Excluded Persons — A person who is an independent contractor, or agrees or has agreed that he/she is an

independent contractor, or has any agreement or understanding with the Company, or any of its affiliates, that he/she is not an employee or an Eligible Employee, even if he/she previously had been an employee or Eligible Employee or is employed by a temporary or other employment agency, regardless of the amount of Merck Group Legal Plan SPD Merck Benefits Service Center at Fidelity

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control, supervision or training provided by the Company or its affiliates, or he/she is a “leased employee” as defined under section 414 (n) of the Internal Revenue code of 1986, as amended. An Excluded Person is not eligible to participate in the Merck Group Legal Plan even if a court, agency or other authority rules that he/she is a common-law employee of the Company or its affiliates.

Fee Reimbursement Schedule — The maximum amounts that Hyatt Legal Plan will reimburse you for

covered legal services provided to you by an attorney not on Hyatt Legal’s panel.

Initial Enrollment Period — The 30-day period that starts when you are hired, rehired or transferred (if you

qualify as a Transferred Employee), as applicable; or the date of the cover letter provided in your enrollment materials from the Benefits Service Center, whichever is later.

Intern/Graduate/Cooperative Student Associate — A student hired by an Employer as a participant in the

Company Intern/Graduate/Cooperative Student Associate Program. The student must be designated as a participant in that program at least annually by the Company.

Life Event — Certain events in your life that may allow you to change some of your benefit choices or

coverage levels during the year (e.g., marriage, divorce, birth or adoption of a child, etc.). For more information about Life Events — and Permitted Plan Changes — see “When Life Changes” or contact the Benefits Service Center.

LTD Benefits — Income replacement benefits provided under the Merck Medical, Dental, Life Insurance

and Long-term Disability Plan.

LTD Employee — An employee who is receiving LTD Benefits who on the day he/she became eligible for

LTD Benefits was considered by an Employer to be a Regular Full-Time Employee, Regular Part-Time Employee, Eligible Union Employee, Merck Temporary Employee or a U.S. Expatriate.

Merck Temporary Employee — An employee hired and paid by an Employer (rather than an agency) for a

specific position in the United States for a designated length of time which is normally not more than 24 consecutive months in duration, who is committed to leave the Company at the end of that time and is not a Non-Eligible Union Employee.

Non-Eligible Union Employee — An employee of an Employer who is a member of the United

Steelworkers Union Local 10-00086 (or its predecessor).

Plan Administrator — Merck Sharp & Dohme Corp. or its delegate.

Plan Attorney — An attorney whose law firm participates in the Claims Administrator’s network of selected

law firms.

Plan Sponsor — Merck Sharp & Dohme Corp.

Plan Year — The calendar year, Jan. 1 through Dec. 31, on which the records of the Plan are kept. Regular Full-Time Employee — An employee employed by an Employer in the United States on a

scheduled basis for a normal work week, is not classified as Regular Part-Time Employee, Merck Temporary Employee or Casual Employee, is not a Non-Eligible Union Employee and is not an Excluded Employee or an Excluded Person.

Regular Part-Time Employee — An employee employed by an Employer in the United States who works

on a scheduled basis for less than the number of regularly scheduled hours for his/her site and who is not classified as a Merck Temporary Employee or Casual Employee, is not a Non-Eligible Union Employee and is not an Excluded Employee or an Excluded Person.

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Same-Sex Domestic Partner/Same-Sex Domestic Partnership — Two people in a Spouse-like

relationship who share an ongoing, exclusive, emotionally committed relationship (and intend to do so indefinitely) and meet all of the following criteria:

•

Are the same sex,

•

Are at least age 18 and mentally competent to enter into a legal contract,

•

Are not related by blood or adoption to a degree closer than permitted by state law for marriage,

•

Are not legally married to — or the domestic partner of — anyone else,

•

Are jointly responsible for each other’s welfare, financial and other obligations,

•

Reside together in the same household — and have done so for at least 12 months,

•

Have registered the same-sex relationship (if residing in a state/municipality that permits such registration), and

•

Are not the legal Spouse of each other for purposes of federal income tax law.

Spouse — The person recognized as your legal spouse for purposes of federal income tax law.

Transferred Employee — An employee of Merck & Co., Inc. (or its subsidiaries) who transfers to a position

as an Eligible Employee, and who on the day before was not an Eligible Employee.

U.S. Expatriate — A U.S. citizen or individual with U.S. Permanent Resident status who is employed by a

foreign subsidiary of the Company, as a foreign service employee, provided that the individual has not elected coverage under any retirement plan of the foreign subsidiary if the subsidiary is covered by an agreement entered into by Company under Section 3121(l) of the Internal Revenue Code (dealing with Social Security benefits) and who is not an Excluded Person.

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EXHIBIT A

This section lists the collective bargaining units whose members are eligible to participate in legal benefits under the Merck Other Group Benefits Plan as described in this SPD.

•

International Association of Machinists and Aerospace Workers, District 15, Lodge 315 – (for locations: Summit, Kenilworth/Union, New Jersey)

•

International Chemical Workers Union Council of the United Food and Commercial Workers Union, Local 194-C – (Memphis, TN)

•

International Brotherhood of Teamsters, Local 107 – (West Point, PA)

•

United Steelworkers Union, Local 4-575 – (Rahway, NJ)

•

International Chemical Workers Union Council of the United Food and Commercial Workers Union, Local 94C – (Elkton, VA)

•

Mid-Atlantic Regional Joint Board, Workers United, Local 1398 – (Elkton, VA)

•

The Office and Professional Employees International Union, Local 1937, AFL-CIO, CLC (West Point, PA)

•

United Steelworkers, Local 10-580 (Danville, PA)