HCE Posted September 25, 2024 Posted September 25, 2024 We have an ESOP where a participant can take a distribution after termination and they can sell the shares to the company. Unfortunately, this is no longer sustainable, as we are having to repurchase shares at such a rate that it isn't feasible for budgetary reasons. We want have been advised we should revise our distribution policy. This makes sense -- if we can delay distributions, we can delay repurchases. We want to do this for all non-terminated participants -- is that okay? I found some guidance saying this works, and even some that says it might even work for terminated (non-payment status) participants, but that's unsettled. I think the best option is to set a "lump-sum threshold," but I can't find any guidance regarding how to set that dollar amount. Are there limits, or can we just set it at any amount we want? I am aware that we are limited to five years of installments (unless over that ESOP threshold, but we don't have balances in excess of $1m), but are there any limits on how low we set the lump-sum threshold to be able to pay over the five years? Is there anything else I'm missing? Is there a better way to fix our repurchase obligation issues?
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now