How to Communicate Share Plans Effectively | by Jane Darlington
Implementing an ESPP that is a Pre-Tax Earnings Plan by Denise Scoville-Glackin and Patricia Boepple
We
find this question coming up time and time again and thought a good
synopsis and case study may help you if you’re researching ESPPs that
are Pre-Tax Earnings Plans. A Stock Purchase Plan to accomplish a
Pre-Tax Earnings Plan will require Board approval with delegated
authority to executive management for operational items. The Plan must
comply with ERISA and should be designated as an ESOP. Shareholder
approval not required for shares purchased at market value, but is
required for matching shares issued by the company.
Plan TermThe Plan Term is typically ten years and may offer the ability of the Board to terminate the plan earlier.
Participants
Employees of the company and its holding companies or subsidiaries, as approved by the board, which have been employed by the company for 30 days prior to the beginning of open enrollment.
Enrollment
Open enrollment will occur each calendar year in the six-week period beginning on January 1. During enrollment a participant must elect when they will receive their shares. Participants may elect to receive their shares three years following the purchase date, or any date annually thereafter, up to ten years.
Contributions
Employees may elect to contribute pre-tax earnings in the amount of 1 to 10% of base compensation (no over time, bonuses or other compensation) up to $25,000 annually. Participants, and their contributions or shares, will be unsecured unfunded general creditors of the company.
Purchase Period
Each purchase period will begin on the first business day of the calendar year following enrollment in the purchase plan. The purchase date will occur on December 15 of the same calendar year.
Stock Purchases (Timing of purchases and matching shares is flexible, as long as this is communicated to employees prior to their enrollment in the plan, and their enrollment in the plan occurs in the calendar year prior to their earning the compensation that is diverted to the plan,)
Stock purchase will occur each year on December 15. If December 15 is on a weekend or holiday, the purchase will occur on the next business day which the company shares are traded. Employees purchase whole shares and any excess funds will be returned to an employee through their pay, at which time the refund will be taxable compensation to the employee. Each participant will receive an additional 15% of whole shares. The purchase and matching share will be based on the closing share price of the company.
Income / Taxes
On the date chosen by the employee at enrollment to receive the shares, the employees will recognize the value of the shares and the matching shares as income on their earnings statement and Form W-2, and taxes related to this income will be withheld from the employees’ earnings, or the employee may be asked to provide the company with a check to pay for the withholding taxes due upon the release of the shares.
Purchase Limit
Each participant is limited to $25,000 in contributions annually.
Withdrawals
Participants may withdraw from the purchase plan at any time during the purchase period, except during the last two weeks of the this period.
Terminations
Participants whose employment is terminated may not purchase shares on the next shares purchase date and will receive a refund of all contributions made to the purchase plan that have not been used to purchase shares, except for participants’ whose termination is due to death or disability. Participants whose termination is due to death or disability will purchase shares on the purchase date following their termination and in the case of death the shares will go to the participant’s designated beneficiary or estate.
Transferability
Until the shares are issued to the employee they are not transferable.
Leave of Absence
As long as an employee is receiving base compensation, contributions to the purchase plan will continue.
Plan Expense
The expense of the plan will be the value of the matching shares that are issued at each purchase. If there are further vesting restrictions on the matching shares, the expense of matching shares will be more complicated. This value of the matching shares will be tax-deductible as an employee benefit expense. There will also be the expenses related to administering the program.
Still Intrigued? We will be happy to work with you to implement and discuss further the details. Email: info@globalshares.com
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So, just what do your employees know about their equity plans? By Denise Scoville-Glackin
When I attend benefits exhibitions and speak to employees receiving equity plans, I often find that they don’t have a good grasp of the equity package they are receiving and that’s before we even mention what they can do with it! It’s easy for us in the stock plan industry to forget just how complicated and confusing equity plans can be for employees. Communication is so important for effective participation, let’s take a closer look.
We need to start by asking some basic questions like what is the best way to communicate the plan, what type of information do your employees need to know?
When an employee first joins a company, the information and on-boarding process can be overwhelming and a booklet outlining the company’s equity compensation plan may find its way under a pile of unread paperwork. At Global Shares, we recommend considering an electronic form of communication and looking for more creative ways to get your message across. Perhaps you could try a series of pre-recorded tutorials explaining the benefits of participation. Or maybe a more general online and printable document of definitions would work – to cover the who, what, when, where and why of the plan.
Of course having these tools is only the start. The accessibility of the plan is just as important. Where should this information be stored and how quickly can the employee get access to it? How will you communicate this to your employees? How will this data be maintained and reviewed for accuracy? All good questions – one point to keep in mind is that accurate and easily understandable information is much better received than a general overview with little or outdated supporting documentation. Whether the plan is designed for retention, growth, or compensation; the success of the plan is measured by the level of employee participation – hence the importance of effective communication and education.
I recently met with one company’s administration team at an industry conference. They mentioned that they had created custom video cartoons to breakdown every step of their stock option plan. They included the grant acceptance, vesting, exercise and the definition of taxes that may be due as well as the sale. What a unique idea! Of course my next question was how long the video is? Surprisingly the video was just two and a half minutes long and really got the point across. Not to mention that it’s a nice quirky and creative techniques to put out there!
My final thought is that we should really take the communication of equity schemes seriously and take the time to consider how best to do this.
Questions? Get in touch today to find out how we can optimize the communication of your share plans to participants!
Denise Scoville-Glackin
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