(10) RETIREMENT SAVINGS PLANS

401(k) Plan

We have a pre-tax salary reduction/profit-sharing plan under the provisions of Section 401(k) of the Internal Revenue Code, which covers employees meeting certain eligibility requirements. The following table outlines certain information about our 401(k) plan:


	Year Ended
(dollars in thousands)	December 31, 2017			January 1, 2017
Employer contribution rate, percent of employee contributions		25.0	%		25.0	%
Employee contribution rate, maximum percentage of employee earnings		4.0	%		4.0	%
Employee contributions	$	529		$	338
Employer match	$	87		$	54
Discretionary contributions	$	—		$	—

Non-Qualified Deferred Compensation Plan

We maintain a non-qualified deferred compensation plan, effective as of February 25, 2005 (the “DCP”) for eligible participants, as defined in the DCP. The DCP allows participating employees to defer a portion of their compensation (salary, bonus and commissions). The assets of the DCP are maintained in an unsecured account that has no trust fund. In the event of bankruptcy, participants entitled to future payments under the DCP would have no greater rights than that of an unsecured general creditor and the DCP confers no legal rights for interest or claim on any of our assets. The benefits provided by the DCP are not, nor are they required to be, insured.

The following table outlines certain information about the DCP:


	Year Ended
(dollars in thousands)	December 31, 2017			January 1, 2017
Employer contribution rate, percent of employee contributions		25.0	%		25.0	%
Employee contribution rate, maximum percentage of employee earnings		4.0	%		4.0	%
Declared interest rate		6.0	%		6.0	%
Employee contributions	$	41		$	64
Employer match and interest	$	7		$	35
Distributions	$	43		$	368