Form 11-K
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 11-K
(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
or
|
|
|
o |
|
TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from to
Commission File Number: 1-16463
BIG RIDGE, INC. 401(K) PROFIT SHARING PLAN AND TRUST
Full title of the plan
PEABODY ENERGY CORPORATION
701 Market Street, St. Louis, Missouri 63101-1826
Name of issuer of the securities held pursuant to the plan and the address of its principal executive office
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
Financial Statements and Supplemental Schedule
Years Ended December 31, 2007 and 2006
Table of Contents
|
|
|
|
|
|
|
|
1 |
|
|
|
|
|
|
Financial Statements: |
|
|
|
|
|
|
|
|
|
|
|
|
2 |
|
|
|
|
|
|
|
|
|
3 |
|
|
|
|
|
|
|
|
|
4 |
|
|
|
|
|
|
Supplemental Schedule: |
|
|
|
|
|
|
|
|
|
|
|
|
11 |
|
|
|
|
|
|
|
|
|
13 |
|
|
|
|
|
|
|
|
|
14 |
|
|
|
|
|
|
Exhibit 23 Consent of Independent Registered Public Accounting Firm |
Report of Independent Registered Public Accounting Firm
The Plan Administrator
Defined Contribution Administrative Committee
We have audited the accompanying statements of net assets available for benefits of the Big Ridge,
Inc. 401(k) Profit Sharing Plan and Trust (the Plan) as of December 31, 2007 and 2006, and the
related statements of changes in net assets available for benefits for the years then ended. These
financial statements are the responsibility of the Plans 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. We
were not engaged to perform an audit of the Plans internal control over financial reporting. Our
audits included consideration of internal control over financial reporting as a basis for designing
audit procedures that are appropriate in the circumstances, but not for the purpose of expressing
an opinion on the effectiveness of the Plans internal control over financial reporting.
Accordingly, we express no such opinion. An audit also includes examining, on a test basis,
evidence supporting the amounts and disclosures in the financial statements, assessing the
accounting principles used and significant estimates made by management, and evaluating the overall
financial statement presentation. We believe that our audits provide a reasonable basis for our
opinion.
In our opinion, the financial statements referred to above present fairly, in all material
respects, the net assets available for benefits of the Plan at December 31, 2007 and 2006, and
changes in its net assets available for benefits for the years then ended, in conformity with U.S.
generally accepted accounting principles.
Our audits were performed for the purpose of forming an opinion on the financial statements taken
as a whole. The accompanying supplemental schedule of assets (held at end of year) as of December
31, 2007 is presented for the purpose of additional analysis and is not a required part of the
financial statements but is supplementary information required by the Department of Labors Rules
and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of
1974. This supplemental schedule is the responsibility of the Plans management. The supplemental
schedule has been subjected to the auditing procedures applied in the audits of the financial
statements, and, in our opinion, is fairly stated in all material respects in relation to the
financial statements taken as a whole.
/s/
Ernst & Young LLP
St. Louis, Missouri
June 25, 2008
1
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
Statements of Net Assets Available for Benefits
|
|
|
|
|
|
|
|
|
|
|
December 31, |
|
|
|
2007 |
|
|
2006 |
|
Assets: |
|
|
|
|
|
|
|
|
Investments, at fair value: |
|
|
|
|
|
|
|
|
Investments in mutual funds |
|
$ |
6,277,087 |
|
|
$ |
6,271,567 |
|
Investment in common/collective trust |
|
|
4,513,195 |
|
|
|
3,945,245 |
|
Investment in Peabody Energy Stock Fund |
|
|
228,549 |
|
|
|
119,974 |
|
Investment in Patriot Coal Stock Fund |
|
|
14,950 |
|
|
|
|
|
|
|
|
|
|
|
|
Net assets, at fair value |
|
|
11,033,781 |
|
|
|
10,336,786 |
|
|
|
|
|
|
|
|
|
|
Adjustment from fair value to contract value for
fully benefit-responsive investment contracts |
|
|
(34,149 |
) |
|
|
37,964 |
|
|
|
|
|
|
|
|
Net assets available for benefits |
|
$ |
10,999,632 |
|
|
$ |
10,374,750 |
|
|
|
|
|
|
|
|
See accompanying notes.
2
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
Statements of Changes in Net Assets Available for Benefits
|
|
|
|
|
|
|
|
|
|
|
Years Ended December 31, |
|
|
|
2007 |
|
|
2006 |
|
Additions: |
|
|
|
|
|
|
|
|
Interest and dividends |
|
$ |
516,894 |
|
|
$ |
481,124 |
|
Net realized and unrealized appreciation of investments |
|
|
221,636 |
|
|
|
511,692 |
|
|
|
|
|
|
|
|
Net investment income |
|
|
738,530 |
|
|
|
992,816 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Contributions: |
|
|
|
|
|
|
|
|
Employee |
|
|
887,626 |
|
|
|
925,668 |
|
Employer |
|
|
304,075 |
|
|
|
607,750 |
|
Rollover |
|
|
267,473 |
|
|
|
37,387 |
|
|
|
|
|
|
|
|
Total contributions |
|
|
1,459,174 |
|
|
|
1,570,805 |
|
|
|
|
|
|
|
|
Total additions |
|
|
2,197,704 |
|
|
|
2,563,621 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Deductions: |
|
|
|
|
|
|
|
|
Asset transfer to the Peabody Investments Corp. |
|
|
|
|
|
|
|
|
Employee Retirement Account |
|
|
|
|
|
|
(2,674,543 |
) |
Withdrawals by participants |
|
|
(1,567,635 |
) |
|
|
(2,533,150 |
) |
Administrative expenses |
|
|
(5,187 |
) |
|
|
(6,912 |
) |
|
|
|
|
|
|
|
Total deductions |
|
|
(1,572,822 |
) |
|
|
(5,214,605 |
) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net increase (decrease) in net assets available for benefits |
|
|
624,882 |
|
|
|
(2,650,984 |
) |
Net assets available for benefits at beginning of year |
|
|
10,374,750 |
|
|
|
13,025,734 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Net assets available for benefits at end of year |
|
$ |
10,999,632 |
|
|
$ |
10,374,750 |
|
|
|
|
|
|
|
|
See accompanying notes.
3
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
Notes to Financial Statements
Years Ended December 31, 2007 and 2006
1. Description of the Plan
The following description of the Big Ridge, Inc. (Big Ridge or the Company) 401(k) Profit Sharing
Plan and Trust (the Plan) provides only general information. Participants should refer to the plan
documents for a more complete description of the Plans provisions. Big Ridge is an indirect,
wholly-owned subsidiary of Peabody Energy Corporation (Peabody).
General
The Plan is a defined contribution plan and participation in the Plan is voluntary. Employees of
Big Ridge who are represented by the International Brotherhood of Boilermakers are eligible for
participation on the date of their employment. The Plan is subject to the provisions of the
Employee Retirement Income Security Act of 1974, as amended (ERISA).
On October 12, 2007, Peabodys Board of Directors approved a spin-off of portions of its Eastern
U.S. Mining operations business segment through a dividend of all outstanding shares of Patriot
Coal Corporation (Patriot). Prior to the spin-off, Peabody received a private letter ruling on the
tax-free nature of the transaction from the Internal Revenue Service
(IRS). Patriot stock was distributed
to the Peabody stockholders at a ratio of one share of Patriot stock for every 10 shares of Peabody
stock held on the record date of October 22, 2007. Likewise, all Plan participants holding Peabody
stock in their accounts at the close of business on the record date received similar pro rata
distributions.
Effective July 1, 2007, the non-standardized prototype plan was amended and restated in its
entirety and replaced with an individually-designed plan. The primary changes resulting from the
Plan restatement were the additions of employee contributions from their monthly Wage Incentive
Program (WIP) payment and related employer matching contributions. These changes were effective
September 1, 2007, and are discussed in further detail below.
Effective January 31, 2006, Vanguard Fiduciary Trust Company (Vanguard) was appointed trustee of
the Plan, and plan assets of $11.7 million were transferred from Lincoln National Life Insurance
Company (Lincoln) to Vanguard and the Plan was amended in its entirety. Also effective January 31,
2006, $2.7 million of net assets and related participant account balances of salaried employees of
Big Ridge were transferred to the Peabody Investments Corp. Employee Retirement Account, a separate
Peabody plan.
The Plan allows participants to invest in a selection of mutual funds, a common/collective trust
and the Peabody Energy Stock Fund. All investments in the Plan are participant-directed.
4
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
Notes to Financial Statements
1. Description of the Plan (continued)
Contributions
Each year participants may contribute on a pre-tax basis any whole percentage from 1% to 90% of
eligible compensation, as defined in the Plan. Additionally, eligible participants may elect to
contribute $125, $150, or $175 of their monthly WIP payment on a pre-tax
basis. The Employer makes matching contributions equal to 100% of eligible WIP contributions that
participants make to the Plan. Participants may also rollover account balances from other qualified
defined benefit or defined contribution plans. The Company, at its discretion, may contribute to
the accounts of qualifying participants, as defined in the Plan.
Participants direct the investment of employee and employer discretionary contributions into
various investment options offered by the Plan. All contributions are subject to certain
limitations as defined by the Plan and the IRS.
In the calendar year that a participant is age 50 or older, and each year thereafter, certain
participants are permitted to make catch-up contributions to the Plan. These participants are able
to contribute amounts in excess of the maximum otherwise permitted by the Plan and the IRS, subject
to certain limitations.
Vesting
Participants are vested immediately in their own contributions, employer discretionary
contributions, employer matching contributions, and the actual earnings thereon.
Participant Loans
The Plan does not offer participant loans.
Participant Accounts
Each participants account is credited with the participants contributions, Employer
contributions, and plan earnings. The benefit to which a participant is entitled is the vested
balance of the participants account.
5
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
Notes to Financial Statements
1. Description of the Plan (continued)
Payment of Benefits
Participants are eligible for distribution of their entire account balance upon death, disability,
or termination of employment. Participants may elect to receive their distribution as a lump-sum
payment or transfer their account balance into an individual retirement account or another
qualified plan.
Participants who have attained the age of 591/2 have the right to receive a partial or full
distribution of their account balance. Withdrawals in cases of hardship and other withdrawals are
also permitted, as defined in the Plan.
Plan Termination
The Plan could be terminated through the collective bargaining process, subject to the provisions
of ERISA. Participants accounts will remain fully vested upon termination of the Plan. Currently,
the Company has no intention to terminate the Plan.
Administrative Expenses
All significant administrative expenses of the Plan, including recordkeeping and trustee fees, are
paid by the Company.
2. Summary of Significant Accounting Policies
Basis of Presentation
The financial statements of the Plan are prepared using the accrual method of accounting.
Use of Estimates
The preparation of financial statements in conformity with U.S. generally accepted accounting
principles requires management to make estimates that affect the amounts reported in the financial
statements and accompanying notes. Actual results could differ from those estimates.
6
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
Notes to Financial Statements
2. Summary of Significant Accounting Policies (continued)
Value of Investments and Income Recognition
The Plans investments at Vanguard are stated at fair value. Shares of mutual funds are valued at
quoted market prices, which represent the net asset value of shares held by the Plan at year-end.
Units in the common/collective trust are valued at net asset value at year-end. The Peabody Energy
Stock Fund and the Patriot Coal Stock Fund are valued at their year-end unit closing price
(comprised of year-end market price plus uninvested cash position, if any).
As described in Financial Accounting Standards Board Staff Position AAG INV-1 and SOP 94-4-1,
Reporting of Fully Benefit-Responsive Investment Contracts Held by Certain Investment Companies
Subject to the AICPA Investment Company Guide and Defined-Contribution Health and Welfare and
Pension Plans (the FSP), investment contracts held by a defined contribution plan are required to
be reported at fair value. However, contract value is the relevant measurement attribute for that
portion of the net assets available for benefits of a defined contribution plan attributable to
fully benefit-responsive investment contracts because contract value is the amount participants
would receive if they were to initiate permitted transactions under the terms of the Plan. The Plan
invests in investment contracts through a common collective trust (Vanguard Retirement Savings
Trust). As required by the FSP, the statement of net assets available for benefits presents the
fair value of the investment in the common collective trust as well as the adjustment from fair
value to contract value for fully benefit-responsive investment contracts. The fair value of the
Plans interest in the Vanguard Retirement Savings Trust is based on information reported by the
issuer of the common collective trust at year-end. The contract value of the Vanguard Retirement
Savings Trust represents contributions plus earnings, less participant withdrawals and
administrative expenses.
Purchases and sales of securities are recorded on a trade-date basis. Interest income is recorded
when earned. Dividend income is recorded on the ex-dividend date. Capital gain distributions are
included in dividend income.
Prior to the transfer of Plan assets from Lincoln to Vanguard on January 31, 2006, the Plan had
entered into a benefit-responsive investment contract with Lincoln. The account was credited with
earnings on the underlying investments and charged for participant withdrawals and administrative
expenses. As of December 31, 2005, the Plans interest-crediting account (unallocated contracts)
was valued at contract value in the financial statements as reported to the Plan by Lincoln.
Contract value represents contributions made under the contract, plus earnings, less participant
withdrawals and administrative expenses. There were no reserves against contract value for credit
risk of the contract issuer or otherwise. The fair value of investments is not materially different
from contract value. Shares of pooled separate accounts at Lincoln were reported at market value as
determined by a combination of the quoted market prices of the underlying stocks and/or other
short-term investments and, if applicable, estimates based on market yields of similar debt
obligations.
7
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
Notes to Financial Statements
2. Summary of Significant Accounting Policies (continued)
Payment of Benefits
Benefit distributions are recorded when paid.
New Accounting Pronouncements
In September 2006, the Financial Accounting Standards Board issued Statement of Financial
Accounting Standard (SFAS) No. 157, Fair Value
Measurements (SFAS No. 157). SFAS No. 157 defines fair
value, establishes a framework for measuring fair value in generally accepted accounting principles, and expands disclosures about fair value measurements. SFAS
No. 157 is effective for fiscal
years beginning after November 15, 2007. The Plan Sponsor is currently evaluating the effect that
the provisions of SFAS No. 157 will have on the Plans financial statements.
3. Related Party Transactions
The Plan invests in shares of mutual funds managed by an affiliate of its trustee, Vanguard
Fiduciary Trust Company, a party-in-interest with respect to the Plan. These transactions are
covered by an exemption from the prohibited transaction provisions of ERISA and the Internal
Revenue Code of 1986 (the Code), as amended. The Plan also invests in Peabody and Patriot stocks,
through the Peabody Energy Stock Fund and the Patriot Coal Stock Fund, respectively, which are
permitted parties-in-interest transactions.
8
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
Notes to Financial Statements
4. Investments
The following table represents the appreciation (depreciation) in fair value, as determined by
quoted market prices, of the Plans investments, including those purchased, sold or held during the
year.
|
|
|
|
|
|
|
|
|
|
|
Years ended December 31, |
|
|
|
2007 |
|
|
2006 |
|
Mutual funds |
|
$ |
122,902 |
|
|
$ |
517,137 |
|
Peabody Energy Stock Fund |
|
|
93,138 |
|
|
|
(5,445 |
) |
Patriot Coal Stock Fund |
|
|
5,596 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
221,636 |
|
|
$ |
511,692 |
|
|
|
|
|
|
|
|
Investments representing 5% or more of the fair value of the Plans net assets were as follows:
|
|
|
|
|
|
|
|
|
|
|
December 31, |
|
|
2007 |
|
2006 |
Mutual funds: |
|
|
|
|
|
|
|
|
Vanguard Total Bond Market Index Fund |
|
$ |
689,264 |
|
|
$ |
625,936 |
|
Vanguard International Growth Fund |
|
|
987,459 |
|
|
|
933,162 |
|
Vanguard 500 Index Fund |
|
|
915,762 |
|
|
|
909,432 |
|
T. Rowe Price Mid-Cap Growth Fund |
|
|
879,800 |
|
|
|
828,404 |
|
Harbor Capital Appreciation Fund |
|
|
700,789 |
|
|
|
656,109 |
|
|
|
|
|
|
|
|
|
|
Common/collective trust: |
|
|
|
|
|
|
|
|
Vanguard Retirement Savings Trust |
|
|
4,513,195 |
|
|
|
3,945,245 |
|
9
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
Notes to Financial Statements
5. Reconciliation of Financial Statements to Form 5500
The following is a reconciliation of net assets available for benefits per the financial statements
to the Form 5500:
|
|
|
|
|
|
|
|
|
|
|
December 31, |
|
|
|
2007 |
|
|
2006 |
|
Net assets available for benefits per the
financial statements |
|
$ |
10,999,632 |
|
|
$ |
10,374,750 |
|
Adjustment from contract value to fair value for
fully benefit-responsive contracts |
|
|
34,149 |
|
|
|
(37,964 |
) |
|
|
|
|
|
|
|
Net assets available for benefits per the Form 5500 |
|
$ |
11,033,781 |
|
|
$ |
10,336,786 |
|
|
|
|
|
|
|
|
6. Income Tax Status
The Plan was established as a non-standardized prototype plan and received an opinion letter from
the IRS, dated August 22, 2001, stating that the form of the plan was qualified under Section
401(a) of the Code and, therefore, the related trust was exempt from taxation. In accordance with
Revenue Procedure 2006-6 and Announcement 2001-77, the Plan Sponsor determined that it was eligible
to rely on the current IRS prototype plan opinion letter. Once qualified, the Plan was required to
operate in conformity with the Code to maintain its qualification.
Effective July 1, 2007, the Plan was amended and restated subsequent to the IRS opinion letter and
the non-standardized prototype plan was replaced with an individually-designed plan. The Plans
administrator believes the Plan is being operated in compliance with the applicable requirements of
the Code and, therefore, believes the Plan, as amended, is qualified and the related trust is
tax-exempt. The Plans sponsor has indicated that it will take the necessary steps to maintain the
Plans qualified status.
7. Risks and Uncertainties
The Plan invests in various investment securities. Investment securities are exposed to various
risks such as interest rate, market and credit risks. Due to the level of risk associated with
certain investment securities, it is at least reasonably possible that changes in the values of
investment securities will occur in the near term and that such changes could materially affect
participants account balances and the amounts reported in the statements of net assets available
for benefits.
10
Supplemental Schedule
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
Employer ID #37-1126950
Plan #001
Schedule H, Line 4i Schedule of Assets (Held at End of Year)
December 31, 2007
|
|
|
|
|
|
|
|
|
Identity of Issue |
|
Description of Investment Type |
|
|
Current Value |
|
|
Vanguard International Growth Fund* |
|
39,785 shares of mutual fund |
|
$ |
987,459 |
|
Vanguard 500 Index Fund* |
|
6,776 shares of mutual fund |
|
|
915,762 |
|
T. Rowe Price Mid-Cap Growth Fund* |
|
15,256 shares of mutual fund |
|
|
879,800 |
|
Harbor Capital Appreciation Fund* |
|
18,783 shares of mutual fund |
|
|
700,789 |
|
Vanguard Total Bond Market Index Fund* |
|
67,841 shares of mutual fund |
|
|
689,264 |
|
Vanguard Windsor II Fund* |
|
10,306 shares of mutual fund |
|
|
322,166 |
|
T. Rowe Price Small-Cap Stock Fund* |
|
5,945 shares of mutual fund |
|
|
180,661 |
|
Vanguard REIT Index Fund* |
|
8,773 shares of mutual fund |
|
|
179,414 |
|
Vanguard Explorer Fund* |
|
2,225 shares of mutual fund |
|
|
158,367 |
|
Vanguard Small-Cap Index Fund* |
|
2,873 shares of mutual fund |
|
|
93,607 |
|
Vanguard PRIMECAP Fund* |
|
758 shares of mutual fund |
|
|
54,592 |
|
Vanguard High-Yield Corporate Fund* |
|
5,577 shares of mutual fund |
|
|
32,906 |
|
Vanguard Total Stock Market Index Fund* |
|
661 shares of mutual fund |
|
|
23,356 |
|
Vanguard Developed Markets Index Fund* |
|
1,648 shares of mutual fund |
|
|
22,362 |
|
Vanguard Emerging Markets Stock Index* |
|
540 shares of mutual fund |
|
|
17,868 |
|
Lazard Small-Cap Portfolio* |
|
1,378 shares of mutual fund |
|
|
15,957 |
|
Delaware International Value Equity Fund* |
|
765 shares of mutual fund |
|
|
11,789 |
|
Vanguard Extended Market Index Fund* |
|
292 shares of mutual fund |
|
|
11,665 |
|
Vanguard Windsor Fund* |
|
571 shares of mutual fund |
|
|
8,967 |
|
Baron Asset Fund* |
|
133 shares of mutual fund |
|
|
8,484 |
|
Ariel Fund* |
|
152 shares of mutual fund |
|
|
7,035 |
|
Sound Shore Fund* |
|
20 shares of mutual fund |
|
|
703 |
|
Vanguard GNMA Fund* |
|
5 shares of mutual fund |
|
|
51 |
|
Vanguard Target Retirement 2010 Fund* |
|
1,951 shares of mutual fund |
|
|
44,979 |
|
Vanguard Target Retirement 2015 Fund* |
|
17,325 shares of mutual fund |
|
|
226,266 |
|
Vanguard Target Retirement 2020 Fund* |
|
14,164 shares of mutual fund |
|
|
332,421 |
|
Vanguard Target Retirement 2025 Fund* |
|
11,092 shares of mutual fund |
|
|
152,187 |
|
Vanguard Target Retirement 2030 Fund* |
|
972 shares of mutual fund |
|
|
23,196 |
|
11
Supplemental Schedule
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
Employer ID #37-1126950
Plan #001
Schedule H, Line 4i Schedule of Assets (Held at End of Year) (continued)
December 31, 2007
|
|
|
|
|
|
|
|
|
Identity of Issue |
|
Description of Investment Type |
|
|
Current Value |
|
|
Vanguard Target Retirement 2035 Fund* |
|
7,053 shares of mutual fund |
|
|
103,119 |
|
Vanguard Target Retirement 2040 Fund* |
|
1,741 shares of mutual fund |
|
|
41,389 |
|
Vanguard Target Retirement 2045 Fund* |
|
1,329 shares of mutual fund |
|
|
20,058 |
|
Vanguard Target Retirement 2050 Fund* |
|
438 shares of mutual fund |
|
|
10,448 |
|
Vanguard Retirement Savings Trust* |
|
4,479,046 shares of common/collective trust |
|
|
4,513,195 |
|
Peabody Energy Stock Fund* |
|
2,224 units of stock fund |
|
|
228,549 |
|
Patriot Coal Stock Fund* |
|
1,343 units of stock fund |
|
|
14,950 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
$ |
11,033,781 |
|
|
|
|
|
|
|
|
|
12
SIGNATURE
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust. Pursuant to the requirements of the
Securities Exchange Act of 1934, the plan administrator has duly caused this annual report to be
signed on its behalf by the undersigned hereunto duly authorized.
|
|
|
|
|
|
Big Ridge, Inc. 401(k) Profit Sharing Plan and Trust
|
Date: June 27, 2008 |
By: |
/s/ SHARON D. FIEHLER
|
|
|
|
Sharon D. Fiehler |
|
|
|
Peabody Energy Corporation
Executive Vice President and
Chief Administrative Officer |
|
13
EXHIBIT INDEX
The exhibit below is numbered in accordance with the Exhibit Table of Item 601 of Regulation S-K.
|
|
|
Exhibit |
|
|
No. |
|
Description of Exhibit |
23
|
|
Consent of Ernst & Young LLP, Independent Registered Public
Accounting Firm. |
14