[ X
]
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ANNUAL
REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF
1934.
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[
]
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TRANSITION
REPORT PURSUANT TO SECTION 15 (d) OF THE SECURITIES EXCHANGE ACT OF
1934.
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A.
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Full
title of the plan and the address of the plan, if different from that of
the issuer named below:
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B.
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Name
of issuer of the securities held pursuant of the plan and the address of
its principal executive office:
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Page
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REPORT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
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1
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FINANCIAL
STATEMENTS:
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Statements
of Net Assets Available for Benefits as of December 31, 2008 and
2007
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2
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Statement
of Changes in Net Assets Available for Benefits for the Year
Ended December 31,
2008
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3
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Notes
to Financial Statements
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4-10
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SUPPLEMENTAL
SCHEDULES:
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||
Form 5500,
Schedule H, Part IV, Line 4i—Schedule of Assets (Held at
End of Year) as
of December 31, 2008
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11
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NOTE:
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All
other schedules required by Section 2520.103-10 of the Department of
Labor’s Rules and Regulations for Reporting and Disclosure under the
Employee Retirement Income Security Act of 1974 have been omitted
because they are not applicable.
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SOUTH
JERSEY INDUSTRIES, INC. 401(K) PLAN
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|||||||||
STATEMENTS
OF NET ASSETS AVAILABLE FOR BENEFITS
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|||||||||
DECEMBER
31, 2008 AND 2007
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|||||||||
ASSETS
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2008
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2007
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|||||||
INVESTMENTS
- AT FAIR VALUE:
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|||||||||
Cash
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$ | 47,122 | $ | 53,843 | |||||
South
Jersey Industries, Inc. Common Stock
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83,026,825 | 78,622,492 | |||||||
Mutual
Funds
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13,724,836 | 19,267,429 | |||||||
Pending
Settlement Funds
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4,846 | - | |||||||
Common/Collective
Trusts
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4,976,929 | 4,588,255 | |||||||
Participant
Loan Funds
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631,621 | 549,816 | |||||||
Total
Investments
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102,412,179 | 103,081,835 | |||||||
RECEIVABLES:
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|||||||||
Participants
Contributions
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386,222 | 266,618 | |||||||
Employer
Contributions
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106,343 | 72,187 | |||||||
Accrued
Investment Income
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14,017 | 12,122 | |||||||
Total
Receivables
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506,582 | 350,927 | |||||||
NET
ASSETS AVAILABLE FOR BENEFITS AT FAIR VALUE
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102,918,761 | 103,432,762 | |||||||
Adjustments
from fair value to contract value for fully benefit-
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|||||||||
responsive
investment contracts
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803,476 | 41,669 | |||||||
NET
ASSETS AVAILABLE FOR BENEFITS
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$ | 103,722,237 | $ | 103,474,431 | |||||
See
notes to financial statements.
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|||||||||
SOUTH
JERSEY INDUSTRIES, INC. 401(K) PLAN
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||||
STATEMENT
OF CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS
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||||
YEAR
ENDED DECEMBER 31, 2008
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||||
ADDITIONS:
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||||
Investment
Income:
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||||
Dividends
and Interest
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$ | 3,583,566 | ||
Net
Appreciation in Fair Value of Investments
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243,163 | |||
Net
Investment Income
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3,826,729 | |||
Contributions:
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||||
Participant
Contributions
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3,811,304 | |||
Employer
Contributions
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1,150,374 | |||
Total
Contributions
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4,961,678 | |||
DEDUCTIONS:
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||||
Benefits
Paid to Participants
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8,536,711 | |||
Administration
Fees
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3,890 | |||
Total
Deductions
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8,540,601 | |||
INCREASE
IN NET ASSETS
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247,806 | |||
NET
ASSETS AVAILABLE FOR BENEFITS - Beginning of year
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103,474,431 | |||
NET
ASSETS AVAILABLE FOR BENEFITS - End of year
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$ | 103,722,237 | ||
See
notes to financial statements.
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1.
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DESCRIPTION
OF THE PLAN
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The
following description of the South Jersey Industries, Inc. 401(k) Plan
(the “Plan”) is provided for general information purposes
only. Participants should refer to the Plan Document for more
complete information.
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General
– The Plan is a defined contribution plan covering substantially all full
time employees of South Jersey Industries, Inc. and subsidiaries (“SJI” or
the “Company”) and part-time employees who have one or more years of
service. The Compensation Committee of the Board of Directors of the
Company controls and manages the operation and administration of the
Plan. Merrill Lynch Bank & Trust Company, FSB (“Merrill
Lynch”) serves as the trustee of the Plan. The Plan is subject
to the provisions of the Employee Retirement Income Security Act of 1974
(“ERISA”).
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Enrollment
– Beginning May 1, 2007, all newly hired employees are
automatically enrolled into the Plan at a 1% deferral
rate. Participants have 60 days from their effective date of
enrollment to opt out of the Plan.
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Contributions
– Each year, participants may contribute up to 75% of their pretax
compensation up to the maximum allowed by the IRS, excluding overtime,
bonuses and all forms of incentive compensation (except commissions), to
the Plan. The Company matches 50% of the percentage of employee deferral
contributions as determined by the Plan document as summarized
below:
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50% of the first 6%
of salary deferral
contributions
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§
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Non-union
employees hired before 7/1/2003
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§
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Local
95 and Local 76 union employees hired before
11/4/2004
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§
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Local
1293 union employees hired before
12/17/2004
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50% of the first 8%
of salary deferral
contributions
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§
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Non-union
employees hired on or after
7/1/2003
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§
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Local
95 and Local 76 union employees hired on or after
11/4/2004
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§
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Local
1293 union employees hired on or after
12/17/2004
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§
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South
Jersey Energy Service Plus employees hired on or after
4/15/2003
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Participant
Accounts – Individual accounts are maintained for each Plan
participant. Each participant’s account is credited with the participant’s
contribution, the Company’s matching contribution, and allocations of (1)
Company discretionary contributions and (2) Plan earnings, and charged
with an allocation of Plan losses and administrative
expenses. Allocations are based on participant earnings or
account balances, as defined. The benefit to which a
participant is entitled is the benefit that can be provided from the
participant’s vested account. Principal and interest are paid
ratably through payroll deductions.
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Name
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Objective
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South
Jersey Industries, Inc. Common Stock
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Growth
& Income
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Merrill
Lynch Retirement Preservation Trust
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Capital
Preservation
|
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AIM
Capital Development Fund
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Growth
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AIM
International Growth Fund
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Growth
|
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Alger
Small Cap Growth Fund
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Growth
|
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AllianceBern
Small/Mid Cap Value Fund
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Growth
|
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Allianz
CCM Capital Appreciation Fund
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Growth
|
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American
Growth Fund of America
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Growth
|
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BlackRock
Basic Value Fund
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Growth
& Income
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BlackRock
Large Cap Value Fund
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Growth
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BlackRock
S&P 500 Index Fund
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Growth
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Columbia
Small Cap Value Fund
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Growth
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Columbia
Marsico International Opportunity Fund
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Growth
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Columbia
Mid Cap Value Fund
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Growth
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Eaton
Vance Dividend Builder Fund
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Growth
& Income
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Eaton
Vance Large Cap Value Fund
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Growth
& Income
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Franklin
Small Cap Value Fund
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Growth
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Franklin
Total Return Fund
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Income
|
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ING
Intermediate Bond Fund
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Income
|
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ING
International Value Fund
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Growth
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Janus
Advisor Forty Fund
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Growth
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Janus
Advisor International Growth Fund
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Growth
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Jennison
Small Company Fund
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Growth
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Jennison
Utility Fund
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Growth
& Income
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MFS
Utilities Fund
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Growth
& Income
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Munder
Mid Cap Core Growth Fund
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Growth
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Phoenix
Mid Cap Value Fund (1)
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Growth
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Pioneer
Bond Fund
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Income
|
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Van
Kampen Growth & Income Fund
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Growth
& Income
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Van
Kampen Mid Cap Growth Fund
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Growth
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Van
Kampen Small Cap Growth Fund
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Growth
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(1)
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Effective
October 1, 2008, this investment option was renamed Virtus Mid Cap Value
Fund with the same objective.
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Vesting
– Participants are vested immediately in their contributions plus actual
earnings thereon. Vesting in the Company’s contribution portion
of their accounts is based on years of continuous service. A
participant is 100% vested after three years of credited
service.
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Participant
Loans – Participants may borrow from their fund accounts up to a
maximum of $50,000 or 50% of their account balance, which ever is
less. The loans are secured by the balance in the participant’s
account and bear interest at rates commensurate with local prevailing
rates as determined quarterly by the plan
administrator.
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Payment of
Benefits – On termination of service for any reason, a participant
is eligible to receive a lump-sum amount equal to the value of the
participant’s vested interest in his or her account, unless the
participant’s vested interest is less than $1,000, in which case the funds
are automatically distributed to the participant at
year-end.
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Plan
Amendments – The Plan was amended during 2007 as
follows:
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·
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Effective
January 1, 2007 – Clarified the terms used to define those individuals,
other than Plan Participants, who are eligible for the receipt of rollover
distributions from the Plan.
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·
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Effective
May 1, 2007 – Automatic enrollment of all newly hired employees at a 1%
deferral rate. This deferral rate will automatically increase
1% per year until reaching a maximum of 8%. Participants may
elect to opt out of the Plan or alter their deferral
rate.
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2.
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SUMMARY
OF SIGNIFICANT ACCOUNTING POLICIES
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Basis of
Accounting – The accompanying financial statements have been
prepared in accordance with accounting principles generally accepted in
the United States of America and were prepared using the accrual basis of
accounting.
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Use of
Estimates – The preparation of financial statements in conformity
with accounting principles generally accepted in the United States of
America requires management to make estimates and assumptions that affect
the reported amounts of net assets available for benefits and changes
therein. Actual results could differ from those
estimates.
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Risks and
Uncertainties – The Plan utilizes various investment
instruments. Investment securities, in general, are exposed to
various risks, such as interest rate, credit, and overall market
volatility. Due to the level of risk associated with certain
investment securities, it is reasonably possible that changes in the
values of investment securities will occur in the near term and those
changes could materially affect the amounts reported in the financial
statements.
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Included
in the Plan’s net assets available for benefits at December 31, 2008 and
2007, are investments in Company common stock amounting to approximately
$83.0 million and $78.6 million, respectively, whose value could be
subject to change based upon market
conditions.
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·
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Quoted
prices for similar assets or liabilities in active
markets;
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·
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Quoted
prices for identical or similar assets or liabilities in inactive
markets;
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·
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Inputs
other than quoted prices that are observable for the asset or
liability;
|
|
·
|
Inputs
that are derived principally from or corroborated by observable market
data by correlation or other means.
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Total
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Level
1
|
Level
2
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Level
3
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|||||||||||||
Common
stock
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$
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83,027
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$
|
83,027
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$
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-
|
$
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-
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||||||||
Mutual
Funds
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13,725
|
13,725
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-
|
-
|
||||||||||||
Common/Collective
Trusts
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4,977
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-
|
4,954
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23
|
||||||||||||
Participant
Loan Funds
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632
|
-
|
-
|
632
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||||||||||||
$
|
102,361
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$
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96,752
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$
|
4,954
|
$
|
655
|
Common/Collective
|
Participant
Loan
|
|||||||||||
Trusts
|
Funds
|
Total
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||||||||||
Balance
at January 1, 2008
|
$ | 1 | $ | 550 | $ | 551 | ||||||
Change
in unrealized appreciation (depreciation)
|
15 | - | 15 | |||||||||
Purchases,
sales, issuances and settlements (net)
|
- | 82 | 82 | |||||||||
Transfers
in
|
7 | - | 7 | |||||||||
Balance
at December 31, 2008
|
$ | 23 | $ | 632 | $ | 655 |
|
Expenses
– Administrative expenses of the Plan are paid by either the Plan or the
Company, as provided in the Plan
Document.
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3.
|
INVESTMENTS
|
December
31,
|
||||||||
2008
|
2007
|
|||||||
South
Jersey Industries, Inc. common stock
|
$ | 83,026,825 | $ | 78,622,492 |
2008
|
||||
South
Jersey Industries, Inc. common stock
|
$ | 7,814,505 | ||
Equity
Funds
|
(7,159,186 | ) | ||
Bond
Funds
|
(412,156 | ) | ||
Total
|
$ | 243,163 |
4.
|
PLAN
TERMINATION
|
5.
|
EXEMPT
PARTY-IN-INTEREST TRANSACTIONS
|
6.
|
FEDERAL
INCOME TAX STATUS
|
7.
|
RECONCILIATION
OF FINANCIAL STATEMENTS TO FORM
5500
|
2008
|
||||
Net
assets available for benefits per the financial statements
|
$ | 103,722,237 | ||
Adjustment
from contract value to fair value for fully
|
||||
benefit-responsive
investment contracts
|
(803,476 | ) | ||
Net
assets available for benefits per the Form 5500
|
$ | 102,918,761 | ||
Increase
in Net Assets per the financial statements
|
$ | 247,806 | ||
Adjustment
from contract value to fair value for fully
|
||||
benefit-responsive
investment contracts
|
(761,807 | ) | ||
Decrease
in Net Assets per the Form 5500
|
$ | (514,001 | ) |
SOUTH
JERSEY INDUSTRIES, INC. 401(K) PLAN
|
||||||||
FORM
5500, SCHEDULE H, PART IV, LINE 4i - SCHEDULE OF ASSETS (HELD AT END OF
YEAR)
|
||||||||
AS
OF DECEMBER 31, 2008
|
||||||||
Identity of Party Involved
|
Description of Asset
|
Investment Type
|
Cost
|
Current Value
|
||||
*
|
Merrill
Lynch Bank & Trust Co., FSB
|
Cash
|
Cash
|
$
|
**
|
$
|
47,122
|
|
*
|
South
Jersey Industries, Inc.
|
SJI
Common Stock
|
Common
Stock
|
**
|
83,026,825
|
|||
*
|
Merrill
Lynch Bank & Trust Co., FSB
|
ML
Retirement Preservation Trust
|
Common/Collective
Trust
|
**
|
4,976,929
|
|||
AIM
|
AIM
Capital Development Fund
|
Mutual
Fund
|
**
|
13,806
|
||||
AIM
|
AIM
International Growth Fund A
|
Mutual
Fund
|
**
|
210,544
|
||||
Alger
|
Alger
Small Cap Growth Fund A
|
Mutual
Fund
|
**
|
17,267
|
||||
AllianceBern
|
AllianceBern
Small/Mid Value Class A
|
Mutual
Fund
|
**
|
22,728
|
||||
Allianz
|
Allianz
CCM Capital Appreciation Fund A
|
Mutual
Fund
|
**
|
1,540
|
||||
American
|
American
Growth Fund of America R3
|
Mutual
Fund
|
**
|
1,139,036
|
||||
*
|
BlackRock
|
BlackRock
Basic Value Fund A
|
Mutual
Fund
|
**
|
1,029,227
|
|||
*
|
BlackRock
|
BlackRock
S&P 500 Index Fund I
|
Mutual
Fund
|
**
|
1,696,353
|
|||
*
|
BlackRock
|
BlackRock
Large Cap Value A
|
Mutual
Fund
|
**
|
109,375
|
|||
Columbia
|
Columbia
Mid Cap Value Fund A
|
Mutual
Fund
|
**
|
131,683
|
||||
Columbia
|
Columbia
Small Cap Value II A
|
Mutual
Fund
|
**
|
83,878
|
||||
Columbia
Marsico
|
Columbia
Marsico International Opp A
|
Mutual
Fund
|
**
|
93,450
|
||||
Eaton
Vance
|
Eaton
Vance Dividend Builder Fund
|
Mutual
Fund
|
**
|
100,206
|
||||
Eaton
Vance
|
Eaton
Vance Large-Cap Value Fund A
|
Mutual
Fund
|
**
|
349,791
|
||||
Franklin
|
Franklin
Small Cap Value Class A
|
Mutual
Fund
|
**
|
60,779
|
||||
Franklin
|
Franklin
Total Return Fund Class A
|
Mutual
Fund
|
**
|
268,440
|
||||
ING
|
ING
International Value Fund
|
Mutual
Fund
|
**
|
2,706,986
|
||||
ING
|
ING
Intermediate Bond Fund Class A
|
Mutual
Fund
|
**
|
464,092
|
||||
Janus
|
Janus
Advisor Forty Fund A
|
Mutual
Fund
|
**
|
87,590
|
||||
Janus
|
Janus
Advisor International Growth Fund
|
Mutual
Fund
|
**
|
235,991
|
||||
Jennison
|
Jennison
Utility Fund Class A
|
Mutual
Fund
|
**
|
40,490
|
||||
Jennison
|
Jennison
Small Company Fund Class A
|
Mutual
Fund
|
**
|
978,250
|
||||
MFS
|
MFS
Utilities Fund Class A
|
Mutual
Fund
|
**
|
148,402
|
||||
Munder
|
Munder
Mid Cap Core Growth
|
Mutual
Fund
|
**
|
93,151
|
||||
Pioneer
|
Pioneer
Bond Fund
|
Mutual
Fund
|
**
|
2,602,872
|
||||
Van
Kampen
|
Van
Kampen Growth & Income Class A
|
Mutual
Fund
|
**
|
26,815
|
||||
Van
Kampen
|
Van
Kampen Mid Cap Growth Fund A
|
Mutual
Fund
|
**
|
51,127
|
||||
Van
Kampen
|
Van
Kampen Small Cap Growth A
|
Mutual
Fund
|
**
|
53,262
|
||||
Virtus
|
Virtus
Mid Cap Value Fund A
|
Mutual
Fund
|
**
|
907,705
|
||||
Pending
Settlement Fund
|
**
|
4,846
|
||||||
*
|
Plan
Participants
|
Participant
Loan Fund -
|
||||||
Maturing
2009-2017 at interest rates of 5.00-9.25%
|
Loans
|
**
|
631,621
|
|||||
$
|
**
|
$
|
102,412,179
|
|||||
*
|
Indicates
party-in-interest to the Plan.
|
|||||||
**
|
Cost
information is not required for participant-directed investments and
therefore is not included.
|
|||||||
See
Note 1 to the Financial Statements under the caption "Investments" for
additional discussion.
|
||||||||
SOUTH JERSEY INDUSTRIES,
INC. 401(K)
PLAN
|
|||
Date:
June 23, 2009
|
By:
|
/s/ David A. Kindlick | |
David
A. Kindlick
|
|||
Chairman,
Trust Committee
|
|||
Vice
President and Chief Financial Officer
|
|||
South Jersey Industries, Inc. |