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June 4, 2026

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SmallFish created a topic in Employee Stock Ownership Plans (ESOPs)

ESOP Change in Treatment of Terminated Participants

"I left a privately held company about 18 months ago after nearly 20 years of service and am fully vested in the ESOP. Since my departure, the ESOP has repurchased/redeemed all of my company shares and transferred the entire account balance into cash/other investments. My most recent statement shows I now hold 0 shares of employer stock. I have been advised that I will not be eligible for a distribution for several more years under the Plan's standard post-termination distribution schedule.

"What makes this situation interesting is that, after reviewing historical statements, plan amendments, and participant communications, it appears the Plan may have changed how it handles terminated participants. Historically, former employees remained shareholders after leaving the company and continued to hold employer stock until their distribution occurred. In my case, the shares were repurchased shortly after separation and redistributed, while the proceeds remain held within the ESOP. I have also found that the Plan has offered multiple special distribution programs to former employees over the years, including opportunities for terminated participants to elect lump-sum distributions before the standard distribution timeline.

"My question is this: From an ESOP administration and fiduciary perspective, what is the rationale for continuing to hold a former employee's account inside the ESOP after: [1] Nearly 20 years of service and full vesting; [2] Separation from the company approximately 18 months ago; [3] Repurchase/redemption of all employer stock from the account; [4] Conversion of the account into cash/other investments; [5] Prior Plan history of offering special distribution opportunities to terminated participants.

"Have others seen plans move away from allowing terminated participants to remain shareholders and instead redeem shares immediately while still delaying distributions for years afterward? If so, what were the reasons for that change, and are there any avenues typically available for earlier distributions, rollovers, installment payments, or fiduciary review once the participant no longer holds employer securities? I'm not arguing the Plan is required to distribute my account immediately. I'm genuinely trying to understand the administrative and fiduciary rationale behind redeeming the shares now, but delaying access to the proceeds for several more years."

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