one stop esop blog

Subscribe by Email

Your email:

We're Here to Help

describe the image

Aaron Juckett 
President 
CPA, CPC, QPA, QKA 
ESOP Partners LLC 
Phone: 920-659-6000 
Toll Free: 800-837-3112 
Direct: 920-659-6002 
Fax: 866-337-1095 
AJuckett@ESOPPartners.com
ESOPPartners.com 
OneStopESOPBlog.com 

2013 IRS Pension Plan Limits

401(k) Deferral Limit - $17,500

Annual Additions Limit - $51,000

Maximum Compensation Limit - $255,000

Catch-Up Contribution Limit - $5,500

Highly Compensated Employee - $115,000

ESOP 5-Year Distribution Threshold - $1,035,000

ESOP Additional Year Threshold - $205,000

2012 Pension Plan Limits

1989 - 2012 Plan Limits

Current Articles | RSS Feed RSS Feed

Creative Meeting Ideas

In the past we have discussed Using An Employee Committee to Informally Improve Communication. Boring Meetings? Get Out the Water Guns shares some creative ways that companies are using to make meetings more interesting, efficient, and effective. The end result: more attendees are speaking up and sharing their ideas:

Heather Logrippo says her employees didn't seem too enthusiastic at first when she handed out construction paper and crayons and told them to find a quiet place for 30 minutes.

2010 Determination Letter Procedural Changes

Yesterday we have discussed how February 1 is the Cycle D Submission Deadline. Last week we discussed the process to apply for a Private Letter Ruling (PLR) and the recently updated 2010 IRS Revenue Procedures for rulings and determination letters. Revised determination letter procedures issued by IRS discusses some of the mostly minor changes, including that documents should not be stapled or bound and that a determination letter may not be relied upon for any period preceding the beginning of the remedial amendment cycle for which the letter is issued:

March 1, 2010 is the 2010 AACE deadline

Earlier this month we discussed some Upcoming Awards. The Employee Ownership Blog has announced March 1, 2010 as the 2010 deadline and provides a link to The ESOP Association's 2010 AACE Annual Awards for Communications Excellence brochure.

February 1 is the Cycle D Submission Deadline

IRS Revenue Procedure 2007-44 – Rulings and determination letters established a 5-Year Remedial Amendment system of staggered cyclical remedial amendment periods for every individually designed qualified plan. Plan sponsors need to apply only once every five years within their applicable 5-year remedial amendment cycle for an opinion, advisory, or determination letter. The 5-year remedial amendment cycle is determined by looking at the last digit of the plan sponsor's EIN. Plan sponsors with EINs ending in "4" and "9" are in Cycle D and their 5-year remedial amendment cycle generally runs from February 1, 2009 through January 31, 2010. Plan amendments, restatements, trust agreements, and any other relevant documents must be included in the filing.

Employee Recognition Programs

Rewarding Culture discusses American Century Investments (ACI) and their employee recognition program:

ESOP Distribution Timing: Qualified Domestic Relations Order (QDRO)

The ESOP distribution timing rules for terminations due to Death, Disability, and Retirement and Other Separations of Service are in addition to the distribution rules that apply to all qualified plan distribution rules. Generally speaking, the Internal Revenue Code does not allow the assignment of an account balance. It does make an exception for an alternate payee under a qualified domestic relations order (QDRO):

Leading in Crisis

Last week I attended a Minnesota/Dakotas ESOP Association state chapter event. Ken Ritterspach, the President and CEO of Stylmark, Inc., discussed some of the significant ups and downs his company has experienced over the past three years. He organized his presentation around Seven Lessons for Leading in Crisis by Bill George:

  • Lesson #1: "Leaders must face reality."
  • Lesson #2: "No matter how bad things are, they will get worse."
  • Lesson #3: "Build a mountain of cash, and get to the highest hill."
  • Lesson #4: "Get the world off your shoulders."
  • Lesson #5: "Before asking others to sacrifice, first volunteer yourself."
  • Lesson #6: "Never waste a good crisis."
  • Lesson #7: "Be aggressive in the marketplace."

7 Lessons for Navigating the Storm discusses the book and shares some key concepts :

100 Best Companies to Work for 2010

The Great Place to Work® Institute has released the list of 100 Best Companies to Work for 2010. The Employee Ownership Blog notes how eight of the companies are employee owned in Fortune Magazine's 2010 List of 100 Best Companies to Work For Features Employee Owned Companies:

Status of S. 1612 Companion Bill

Private Letter Rulings (PLRs)

Applying for a Private Letter Ruling describes the process to apply for a private letter ruling.

ESOP Distribution Timing: Required Minimum Distributions

The ESOP distribution timing rules for terminations due to Death, Disability, and Retirement and Other Separations of Service are in addition to the distribution rules that apply to all qualified plan distribution rules. Yesterday we talked about the ESOP Latest Commencement Date. The provisions are another instance where the general qualified plan distribution rules in the Internal Revenue Code can supersede the ESOP distribution rules for Death, Disability, and Retirement, Other Separations of Service, and the ESOP Loan Exception, and ultimately impact the distribution commencement date. The Code also provides distribution timing provisions for deceased employees that supersede the ESOP Loan Exception.

IRC Section 401(a)(9) - Qualified pension, profit-sharing, and stock bonus plans – Requirements for qualification – Required distributions


Study: Career Jobs Never Existed

The most recent Employee Ownership Blog post, EBRI Says Career Jobs Never Existed, discusses how a study found that the notion that Americans used to work for one employer for their entire career is a myth. The study, Employee Tenure, 2008, found that career jobs never existed for most workers:

TENURE LARGELY UNCHANGED OVER 25 YEARS: Data on employee tenure—the amount of time an individual has been with his or her current employer—show that career jobs never existed for most workers, and still do not. The median tenure of workers—the midpoint of wage and salary workers' length of employment in their current job—was virtually unchanged over the past 25 years: 5.1 years at the same job in 2008, compared with 5.0 years in 1983.

ESOP Distribution Timing: Latest Commencement Date

The ESOP distribution timing rules for terminations due to Death, Disability, and Retirement and Other Separations of Service are in addition to the distribution rules that apply to all qualified plan distribution rules. The Internal Revenue Code provides that distributions must generally begin no later than the 60th day after 1) the later of age 65 (or the normal retirement age if earlier), 2) the 10th anniversary of participation in the plan, and 3) termination from service.

Line 2h: Administrative Service Providers Expense

Tags: 

ESOP Distribution Timing: Loan Exception

We have discussed the ESOP distribution timing rules for terminations due to Death, Disability, and Retirement and Other Separations of Service. If there is an outstanding ESOP loan, the Internal Revenue Code allows payments to be deferred until the close of the plan year in which the loan is paid in full.

Employee Ownership Legislation, 2010 Estate Tax and Step-Up in Basis Issues, ERSOPs and ROBS

The January 15, 2010 Employee Ownership Update is online and discusses the following:

ESOP Distribution Timing: Other Separations of Service

We previously discussed the ESOP Distribution Timing rules for Death, Disability, and Retirement. The Internal Revenue Code provides that ESOP distributions to participants that terminate for reasons other than death, disability, or retirement must begin no later than 1 plan year after the end of the 5th plan year after the year of termination. For example (assuming a 12/31 plan year end), if a participant terminates on June 29, 2009, the participant must begin receiving payments after the December 31, 2014 allocation is completed (which should be sometime in 2015), and the payment must begin by December 31, 2015.

ESOP Distribution Timing: Death, Disability, Retirement

The Internal Revenue Code provides that ESOP distributions to participants that terminate as a result of death, disability, or retirement must begin no later than 1 year after the end of the plan year of the termination date. For example (assuming a 12/31 plan year end), if a participant terminates after meeting the retirement provisions of the plan on August 15, 2009, the participant must begin receiving payments after the December 31, 2009 allocation is completed (which should be sometime in 2010), and the payments must begin by December 31, 2010.

The Board Meeting Agenda

Yesterday we took a look at 7 Core Board Functions. Board of Directors Meeting Agendas provides a list of matters to be explored each year:

  • Performance of the business, including comparison to budget and peers
  • CEO succession and exposure of senior executives to the board
  • Strategy, budgets, capex and R&D, long-term vs. short-term considerations, acquisitions and divestitures and other business portfolio adjustments
  • Executive compensation, including the interplay between compensation policies and risk management
  • Risk management, including financial, safety and other risks, and insurance
  • Compliance with laws and regulations, and review of material litigation
  • Transparency, accounting principles, financial reporting and earnings guidance
  • Shareholder relations, meetings between directors and shareholders, dividend policy, share repurchase policy
  • Government relations and policies, including lobbying activities and relations with trade associations
  • Employee and community relations
  • Social responsibility, including environment and human rights
  • "Tone-at-the-top" and corporate culture, including ethics, vision, mission
  • Director recruitment, including the balance of diversity, independence and experience, and director compensation
  • Annual meeting, shareholder resolutions, shareholder nominations
  • Crisis management preparations
  • Takeover bid and proxy fight preparations
  • Board and committee structure and policies, including silo problems, evaluations, governance guidelines, committee charters, and coordination among the board and its committees
  • Separation of Chairman and CEO positions or lead director
  • Use of consultants, board and committee tutorials and other director education programs
  • Legal advice as to compliance of board practices and processes with fiduciary duties

Core Board Functions

During our many discussions we have noted that there is not a lot of published guidance on and the Responsibilities of the Board of Directors. One way to stay on top of corporate governance issues is to review and implement the best practices from public companies that are relevant and practical to the governance of your company. Last month we discussed 12 Key Board Actions. Some Thoughts for Boards of Directors in 2010 explores some core board functions:

Upcoming Awards and the First Step to Winning: APPLY TODAY

Four Solid Steps to Win Business Awards discusses four easy steps to use to apply for and win an award on behalf of your company and/or employees:

Benefit Payment Government Filings (IRS Forms 1099-R, 1096, 945)

If you paid any benefit payments last year you will have to prepare and file some government forms. The General Instructions for Forms 1099, 1098, 5498, and W-2G provides guidance on how to prepare and file the forms:

Text of S. 2914 - United States Employee Ownership Bank Act

Text of S. 2909 - Worker Ownership, Readiness and Knowledge Act (WORK Act)

Summary of Employee Ownership Studies

Key Studies on Employee Ownership and Corporate Performance summarizes the findings of studies on employee ownership and corporate performance, including studies related to private company ESOPs:

ESOP Trustee Practices

The January 4, 2010 Employee Ownership Update is online and discusses the following:

All Posts