form8k.htm
UNITED STATES
 
SECURITIES AND EXCHANGE COMMISSION
 
WASHINGTON, D.C. 20549
 
 
 
FORM 8-K
 
CURRENT REPORT
 
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 
Date of Report (Date of earliest event reported):  December 9, 2008
 
Tier Technologies, Inc.
(Exact Name of Registrant as Specified in Charter)
 
Delaware
000-23195
94-3145844
(State or Other Juris-
diction of Incorporation
(Commission
File Number)
(IRS Employer
Identification No.)

10780 Parkridge Blvd., 4th Floor
Reston, Virginia
20191
(Address of Principal Executive Offices)
(Zip Code)

Registrant’s telephone number, including area code:  571-382-1000
 
Not Applicable
(Former Name or Former Address, if Changed Since Last Report)
 
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 
o  
Written communication pursuant to Rule 425 under the Securities act (17 CFR 230.425)
x        Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CRF 240.14a-12)
o  
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
o  
Pre-commencement communication pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 
 
 

Item 2.02 Results of Operations and Financial Condition.

On December 9, 2008, Tier Technologies, Inc., or the Company, issued a press release announcing the Company's financial results for the year ended September 30, 2008.  A copy of this press release is furnished with this current report as Exhibit 99.1.  As disclosed in the press release, the registrant intends to hold a conference call for investors at 5:00 p.m. on Tuesday, December 9, 2008.  The company script for the conference call is furnished herewith as Exhibit 99.2, and the accompanying slide presentation is furnished herewith as Exhibit 99.3.

The information furnished shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, or incorporated by reference into any filing thereunder or under the Securities Act of 1933 unless expressly set forth by specific reference in such filing.


Item 9.01.  Financial Statements and Exhibits.

(d)           Exhibits

Exhibit No.
Description
99.1
Press release titled “Tier Reports Fiscal 2008 Fourth Quarter and Year-End Results,” issued by the Company on December 9, 2008.
99.2
Script for December 9, 2008 earnings conference call.
99.3
Slide presentation for December 9, 2008 earnings conference call.

Exhibits 99.1, 99.2 and 99.3 shall be deemed to be furnished and not filed by the Company.

 
 
 

SIGNATURE
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 

 
 
TIER TECHNOLOGIES, INC.
Date:  December 9, 2008
By:  /s/ Ronald W. Johnston
 
Name: Ronald W. Johnston
Title: Chief Financial Officer

 
 
 

EXHIBIT INDEX
 
Exhibit No.
Description
99.1
Press release titled “Tier Reports Fiscal 2008 Fourth Quarter and Year-End Results,” issued by the Company on December 9, 2008.
99.2
Script for December 9, 2008 earnings conference call.
99.3
Slide presentation for December 9, 2008 earnings conference call.