ESPPs Another Way to Help Workers Save for Retirement

Employee stock purchase plans (ESPPs) can complement workplace savings plans and provide a way for employees to diversify their retirement investment efforts.

According to recent research from Fidelity, improving economic conditions and a strengthening job market are prompting many U.S. companies to enhance their employee stock purchase plans in an effort to improve their benefits packages (see “Employers Enhancing Stock Purchase Plans”). However, ESPP participation rates lag behind other employee benefits.

When employees do participate, a 2012 Fidelity Investments survey found the majority (57%) of ESPP assets are earmarked by employees for eventual retirement savings or alternate investments (see “Stock Plan Participants Earmarking Assets for Retirement”).

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Fidelity outlined key benefits of ESPPs:

  • Most ESPPs offer employees the chance to purchase company stock at a discount—usually between 5% and 15%. This means an employee is likely to make money on the shares they purchase. Plus, if the stock price drops, employees can still take advantage of dollar-cost averaging. And according to a 2012 Fidelity survey, many companies are planning to increase their discount over the next few years, meaning that the savings will be that much greater.
  • Employees can contribute automatically through payroll deductions, just like with their 401(k). Once an employee enrolls in an ESPP and sets their contribution rate, funds are automatically withdrawn from their paycheck and applied to the purchase of company stock. Employees can generally enroll online, and can monitor and manage their account through their plan service provider’s website. And many companies allow employees to contribute as little as 1% of their paycheck, which makes ESPPs that much more affordable for a greater number of workers.
  • Savings within a company stock plan are more accessible than savings within a 401(k). Although taxes may still apply, workers can access the assets within an ESPP without the penalties and/or repayment requirements incurred when they take a loan or withdrawal from their 401(k) account. And savings from an employee stock purchase plan can be applied to a variety of financial needs, such as a down payment for a home, a home improvement project, tuition payments or other life expenses.

An increasing number of workers have access to company stock. This is due to the growth of ESPPs as well as the increasing number of companies being publicly traded, Fidelity says. According to a recent study, 40% of companies that recently went through an initial public offering implemented an ESPP, and all of those companies offered their company’s stock at a 15% discount.

Fidelity provides stock plan administration to 250 employers nationwide, representing $125 billion in grant value.

Council Requests Guidance on DOMA Changes

The American Benefits Council has requested guidance about how the ruling on the Defense of Marriage Act (DOMA) will affect health and retirement plans.

The Council sent a letter to the U.S. Treasury Department, Labor Department, Health and Human Services Department and Internal Revenue Service requesting interim guidance or transition relief prior to July 22, when the recent United States v. Windsor decision becomes effective.

“In the aftermath of the U.S. Supreme Court’s decision to strike down key provisions of the Defense of Marriage Act, employers who sponsor health and retirement benefit plans for workers and their spouses are in urgent need of guidance indicating how to comply with federal law,” said Council President James A. Klein.

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The letter asked for clarification of”who a plan should treat as a spouse under applicable federal [tax and benefit] law.” Much of the current uncertainty comes from the existing law being unclear as to whether, for purposes of the federal laws governing employer-sponsored benefits, a “spouse” only encompasses an employee’s same-sex spouse that resides in a state that recognizes same-sex marriage or whether such term includes a same-sex spouse subject to a valid marriage license regardless of the spouse’s current state of domicile.

The Council stated in the letter that it would support a rule that determines marriage by whether an individual holds a valid state marriage license, rather than the laws applicable to their current state of domicile. A state of domicile rule would be “much more difficult and expensive for benefit plans to administer.”

The Council identified relevant issues in need of clarification such as:

  • Whether the change in law could require an employer to provide retroactive benefits or re-administer benefits previously provided under the terms of a plan;
  • The need for additional time for plans to comply with the new legal and regulatory landscape;
  • The treatment of employer-provided health coverage as imputed income; and
  • The ability of affected employees and employers alike to seek refunds of federal income or payroll taxes paid for health coverage attributable to an employee's same-sex spouse.

While the Council applauded the Windsor ruling, it acknowledged the new challenges now facing employers, particularly those that are large and sponsor employee benefits in multiple states.

"The court's rejection of DOMA freed employers from numerous financial and administrative burdens, but created innumerable other questions that require prompt answers," said Klein. "We urge the federal agencies to issue guidance as soon as possible."

A copy of the letter can be found here.

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