The Retire through Ownership Act updates how retirement plans value closely held stock, making it easier for fiduciaries to determine fair market value using expert opinions. This clarity helps protect retirement savings for employees involved in employee stock ownership plans.
Retire through Ownership Act This bill allows the fiduciary of an Employee Stock Ownership Plan (ESOP) to rely on a valuation provided by an independent valuation or business appraiser in determining the fair market value of the plan's securities if the securities are not traded on a national securities exchange (i. e., not publicly traded) and the expert or appraiser follows specified methodologies. In general, ESOPs are defined contribution pension plans where employees accrue shares of their employers' stock in individual accounts as part of their compensation. After separating from employment or retiring, employees receive the cash value of their shares. Under the bill, an independent appraiser or expert must adhere to the methodology established under the Internal Revenue Service Ruling 59-60, which prescribes the factors a professional business appraiser should consider in forming a valuation of the stock for a closely held business.
1. This bill defines what 'adequate consideration' means for closely held stock in retirement plans. 2. It allows fiduciaries to rely on independent experts for stock valuations. 3. The bill clarifies that these experts must follow specific IRS guidelines for fair market value. 4. It ensures that fiduciaries still have obligations to act in the best interest of plan participants. 5. The changes take effect for valuations made after the bill is enacted.