FACTS

- We are looking to take on a plan that is a 401(k) with deferral and match.
- EE Money is PARTCIPANT DIRECTED
- Match money is TRUSTEE DIRECTED and is invested in COMPANY STOCK listed
on NASDAQ, with low trade vol.


ISSUE

The plan wants to take the stock out of the plan and change the match to participant directed.

1. How do we remove the stock from the plan?
2. What are the considerations or possible “hang ups”
3. Can the company buy the stock back from the plan?

Please give an opinion and site references and cases if available.

PLEASE RESPOND TO: BBAUGH@BENEFITPROS.COM

THANKS

So who is the trustee that violated ERISA by discretionary investment of all money under its control in company stock?

The nature of your questions and the situation you describe suggest that you need the help of another "benefitpro" and should not rely on responses from bulletin boards for how to proceed.