The Employee Ownership Update
May 15, 2006
ESOPs High on DOL Investigations ListOn April 25, Virginia Smith of the U.S. Department of Labor's Employee Benefits Security Administration told a meeting of the American Society of Pension Plan Actuaries that ESOP violations were one of five high-priority DOL enforcement projects. (The others are health fraud, improper forwarding of employee contributions to plans, orphan plans, and pension consultant conflicts of interest.) Smith said valuation issues were a common violation, although she also cited plan operational issues. Consultants have noticed an increase in DOL audits, although to date no consistent pattern (or evidence of violations) has emerged.
Tech Firm Survey Finds Equity Plan ShiftsA February 2006 survey of 90 high-tech companies by Culpepper & Associates shows that 38% of the companies are cutting back on who is eligible for equity-based pay, 3% are expanding eligibility to lower levels, and 59% are keeping their existing penetration. Forty-eight percent of the companies are reducing the number of employees receiving stock options, and 44% are reducing the number of options granted. One-third of the companies are replacing some or all of the options with restricted stock while 19% are replacing them with performance shares. Despite a lot of conversation about using stock appreciation rights, only 5% of the companies said they were switching to this approach.
On the ESPP front, 59% of the companies said they were changing their plans, with 26% eliminating the "look-back" feature, 24% reducing the discount, 17% eliminating the plan, and 7% doing something else with it (the numbers add up to more than 56% because some companies make more than one change).
Lessons on Successful Life Might Be Lessons for Successful Companies TooAt the recent NCEO/Beyster Institute Annual Conference, Dr. Laura Nash of Harvard Business School talked about her recent book, Just Enough: Tools for Creating Success in Your Work and Life (John Wiley & Sons, 2005). Based on dozens of in-depth interviews with successful people, Nash and her colleague Howard Stevenson concluded that success comes from achieving "just enough" in four areas that often compete for a person's time and attention:
- Happiness (feelings of pleasure or contentment about your life);
- Achievement (accomplishments that compare favorably against similar goals others have strived for);
- Significance (the sense that you've made a positive impact on people you care about); and
- Legacy (a way to establish your values or accomplishments to help others find future success).