Pennsylvania Senate Passes Employee Ownership Resolution

On October 6, the Pennsylvania Senate approved a resolution supporting employee ownership, noting that ESOPs provide an "effective tool for companies going through ownership transition by preserving their companies and jobs through employee ownership rather than closing or selling them to out-of-

Pension Protection Act Provides Easier ESOP/401(k) Safe Harbor Test

The new automatic enrollment provisions for 401(k) plans in the Pension Protection Act allow companies to meet the 401(k) testing rules if they provide automatic enrollment (that is, employees opt out instead of opting in) that has the following features:

Pension Reform Bill Still in Conference

Despite repeated promises that an agreement would soon be reached, the conference committee considering pension reform has still been unable to find common ground.

Pension Reform Reintroduced

Essentially the same version of the Comprehensive Retirement Security Act (H.R. 10) that passed the House overwhelmingly last year was reintroduced in March by its principal sponsors, Rob Portman (R-OH) and Ben Cardin (D-MD).

Percentage of Companies with Broad-Based Equity Plans Dropped Slightly in 2004

The percentage of public and private companies with one or more of any kind of equity compensation plans that specifically offered stock options to nonexempt employees dropped slightly in 2004 compared to 2003, falling to about 13% of the 996 companies responding to the annual WorldatWork Salary

Performance Shares?

There has been a lot of buzz lately about replacing traditional stock awards with performance shares. "Performance shares" is a term of art, not a legal term. It is simply a plan that grants shares outright to an employee upon the achievement of a specified target.

Performance-Based Options Not Excludable from Shareholder Votes

In letters to Goldman Sachs and Texas Instruments, the SEC has ruled that companies cannot exclude shareholder proposals to require that options be performance based as "ordinary business matters." The letters follow a trend from the SEC to require companies to allow votes on how option plans are

Personal Note on the NCEO Conference

If you were not able to join us last week for our sold-out conference in Pittsburgh, some of the highlights were the record-setting attendance, the buzz of the conversations in the common spaces, and the keynote address facilitated by Christopher Mackin and featuring Heather Braimbridge-Cox (Wind