Help - Search - Members - Calendar
Full Version: Is an ESOP loan with a term of 30, 60 or even 90 years reasonable?
BenefitsLink Message Boards > Retirement Plans > Employee Stock Ownership Plans (ESOPs)
SCUDDESLER
As I recall, the terms of an ESOP loan are held to a general standard of reasonableness. Assuming all of the other components of the loan are reasonable, is an ESOP loan with a term of 30, 60, 90 years reasonable? Is there a general consensus as to when the repayment term of a loan becomes unreasonable?

Thank you very much for your assistance.
eafredel
A loan must be structured to fulfill the requirements for an "exempt loan" under Section 4975 of the Code. The terms of the loan must be at least as favorable to the ESOP as the terms of a comparable loan resulting from arms length negotation between independent parties. Fifteen years is pretty standard. Beyond that, the question is whether the loan would provide for meaningful allocations of stock to the ESOP participants as the loan is repaid. You also might want to look at the DOL Field Bulletin on ESOP loan refinancings.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2012 Invision Power Services, Inc.