The BenefitsLink Newsletter -
Retirement Plans Edition February 2, 2001 Today's sponsor is Technical Answer Group, Inc. (click on banner for more information) Employer Misuses Workers' 401(k) Funds; Owner of Bankrupt Business Must Pay Restitution Excerpt: "Nelson used the money to try to keep his company afloat.... Nelson has pleaded guilty to federal charges of unlawful conversion of the assets of an employee benefit plan. A U.S. District Court judge ordered Nelson to pay $62,454 restitution to the employees.... The judge also sentenced Nelson to three months in a halfway house, three months' home confinement, a $2,000 fine and three years' probation." (The Des Moines Register ) 401(K) Investor Confidence High Excerpt: "According to Fidelity Investments, the nation's largest mutual fund company, many 401(k) investors are planning to increase their contributions, and become more aggressive in their allocations this year." (Internet.com) Constructive Termination Is Not An Involuntary Separation Warranting Immediate Civil Service Annuity Nebblett v. Office of Personnel Management (Ct. App. Fed. Cir., 2000). (FindLaw.com) State Controller Sues CalPERS: Pay Raises To Money Managers Called Illegal Excerpt: "A brewing conflict erupted this week when state Controller Kathleen Connell sued the California Public Employees' Retirement System over pay raises granted to 10 investment managers. The civil lawsuit filed Wednesday in Sacramento County Superior Court alleges CalPERS violated statutory laws by establishing its own pay system and awarding 11 percent raises to the investment managers." (Sacramento Bee) CalPERS To Buy Stake In Carlyle Private Equity Management Firm Excerpt: "CalPERS has made several similar investments recently, but the Carlyle deal is its largest. Pension experts said it remains somewhat unusual for a pension fund to buy into a private equity firm. That's because these firms' investments can be risky compared to many pension fund holdings, and valuations of successful ones can be high." (Washington Post) (Following also appears in Welfare Plans Edition) Withholding Liability on ISOs and ESPPs: The Kinder Gentler IRS Excerpt: "... in Notice 2001-14 [the IRS announced that it] will not assert liability for either income tax or FICA/FUTA withholding on the exercise of Section 422 Incentive Stock Options (ISOs) and options provided under Section 423 employee stock purchase plans (ESPPs) or even on the disqualifying disposition of shares acquired by option exercise. The kicker is that the options must be exercised before January 1, 2003." (Foundation for Enterprise Development) Amazon Offer Links Stock Option Profit to Share Price Excerpt: "Amazon.com announced today that it was offering to lower the price of existing employee options, making it subject to an accounting rule that will directly tie its financial results to fluctuations in its shares. The repricing offer, filed by the company with the Securities and Exchange Commission, lets employees swap existing options for new options that have a lower exercise price." (New York Times; free registration required)
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