By Trevor S. Bare
Nearly 10,000 baby boomers—individuals who were born between 1946 and 1964—retire every day, according to the Social Security Administration.
With this large group of retirees, ESOP plan sponsors need to be prepared for repurchase obligations they may face in the near future. A repurchase obligation is an ESOP’s requirement to buy back employer stock from participants who are eligible to receive distributions from the plan.
There are various ways to fund these obligations. Typically the cash used to purchase employer stock comes from an annual employer contribution to the ESOP allocated to employees in proportion to their compensation. Below are factors to consider when funding repurchase obligations with employer contributions.
Every ESOP is Unique
The timing of each company’s retirement bubble varies. A company that is growing quickly now may be decades away from its retirement bubble. For a small employer, the bubble may be one key employee with a large account.
An ESOP plan sponsor needs to plan ahead for its own bubble. If an ESOP isn’t prepared for distributions, the plan sponsor may face fluctuating contribution levels, or even an inability to make contributions. Furthermore, a company may find itself exceeding the IRS’s limit of 25 percent of eligible payroll that is imposed on annual retirement plan contributions.
Find Your Bubble
To determine if you have a bubble approaching for your ESOP, you can conduct a distribution projection or repurchase obligation study, which projects the distributions and associated cash requirements that an ESOP will face in future years.
The timing and scale of a company’s repurchase obligation study depends on a number of factors, including the available budget and number of employees. Simple distribution projection studies with limited assumptions may suffice for smaller ESOPs. Regardless of a study’s complexity, the projected results are based on assumptions. Actual distributions will deviate from projected distributions, so projections will need to be updated periodically.
Planning For Your Bubble
Companies concerned with future repurchase obligations should review the ESOP’s distribution policies. ESOPs may delay starting payments for five years for employees who terminate employment prior to retirement, disability, or death, as defined by the plan. Distributions also may be payable as installments over five years, rather than as a lump sum distribution.
A plan sponsor that identifies a retirement bubble coming up in 5 to 10 years in its ESOP will need to determine if the current employer contribution levels will be sustainable through the bubble. If not, the organization should consider increasing its contributions now to build up a reserve and maintain a consistent benefit.
Consider a company that currently has to contribute three percent of payroll to pay out distributions, but does a projection that reveals it will have to contribute 15 percent of payroll during an upcoming retirement bubble. If the annual contribution is increased now, a cushion will be created that can reduce the potential 15 percent bubble-level contribution to a more affordable level.
Finally, as the non-employer stock assets accumulate, companies should review how these assets should be invested.
Trevor S. Bare, FSA, is a consulting actuary for Conrad Siegel Actuaries. He specializes in retirement plan consulting and administrative services for defined contribution and defined benefit plans, such as 401(k), Profit Sharing, Cash Balance, and Employee Stock Ownership Plans. He also specializes in nondiscrimination testing and tax shelter plan designs.