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View Full Version : Enron 401(k) Editorial (and a few facts)


aNoNo
01-24-2002, 08:43 AM
The first two of at least eight Congressional hearings on Enron kick off today, an embarrassment of political riches. We're as curious as anybody to learn what was
going on behind Enron's accounting kimono, but in the meantime we've been taking a peek ourselves at other parts of the company's anatomy.

In particular, we've looked into the alleged problems with Enron's pension plan, the source of much hot populist rage. What we've learned is that, at least in this part
of the Enron debacle, the reality isn't nearly as awful as some of the headlines. Consider some of the facts:

Enron's pension plans followed standard practices of most big, publicly traded firms. Enron offered several arrangements -- from employee stock-option plans to defined benefits -- but the one that has everybody outraged is its 401(k).

Enron's employees could set aside up to 15% of their pretax salary in a 401(k), up to the IRS limit of $10,500 last year; they could put the cash into one of 20 different investment vehicles, including mutual funds and a brokerage account. Workers controlled this money in their own self-directed accounts and were free to switch among investments or even cash out (with a tax penalty).

Enron had about 24,000 workers world-wide before bankruptcy and about half of them participated in the 401(k). So we're talking about 11,000 employees and a plan with about $1 billion in total assets, of which from $500 million to $600 million was invested in Enron stock.

Enron also matched up to half of these worker contributions, up to 6% of base pay. But it matched in Enron stock, and employees were required to hold this matched stock until age 50. That limitation has come in for criticism, but keep in mind the stock was free. Some politicians want to stop companies from matching in stock, but the danger is that they then won't match at all.

This arrangement is also fairly typical of big plans. About half match with company stock and half with cash. General Electric's plan offers a cash match, for instance,
but about three-quarters of its workers use that money to buy company stock.

Contrary to the headlines, Enron employees were not forced to watch helplessly as the value of their stock cratered, trapped by a malicious "lockdown."

A lockdown, more properly a "transaction suspension period," occurs when companies change record keepers. Transactions are barred for a time so the new record keeper can verify account accuracy and make a reconciliation. Lockdowns can last anywhere from a few days to two months, depending on the size of the plan, its complexity and the sophistication of the record keepers. Last year, 24,000 private investment plans changed record keepers.

Most important, Enron notified employees of the coming lockdown several times -- first by mail and then by four separate e-mails. Enron shares were still trading in the $30 range at this time, when workers had ample opportunity to sell. The lockdown itself started Oct. 26 and ended Nov. 13, so workers were locked out for only 11 stock-trading days. And during that time Enron's stock fell from $15.40 to $9.30, a rather small decline for a stock that had already lost almost 70% of its
value during 2001.

401(k) plans do not promote dangerously undiversified portfolios. Diversification is an important financial tool, permitting investors to reduce risk without reducing expected returns. In long-term financial planning, it makes excellent sense to hold a portfolio that is diversified across a range of assets.

But diversification is also a highly individual thing. Strategies depend mostly on age; a person nearing retirement should hold fewer risky assets than one starting a
career. But after adjusting for age, all assets should be considered together. For example, a person who is heavily invested in real estate might want to achieve
balance by a single-minded approach in other vehicles, like ginning up her 401(k) for equities.

That doesn't mean holding 100% of equities in company stock is a great idea. But then again if the rest of an investor's equity portion is well-diversified, such a concentration isn't crazy. In hindsight, a 100% concentration in Microsoft made a lot of sense and lot of millionaires. A 100% concentration in Enron also made
sense for a while; from January 1998 to January 2001, Enron's shares increased fivefold.

Enron's 401(k) experience does not indicate that the plan is fiendishly flawed and government must step in to correct it. If workers knew Enron's true condition, they would no doubt have declined to invest in company stock in their self-directed accounts. The problem is that they didn't know the true condition of Enron, but then neither did the credit rating agencies, various federal overseers, stock analysts, auditors and (possibly) even much of its senior management. This was a failure in truth-telling and truth-ferreting out and it was system wide.

All of which means that while the Enron pension story is tragic, it's more about specific corporate blunders and wrongdoing than it is about flaws in pension law or in
401(k)s. It's certainly no excuse for Congress to lobotomize a private pension system that has given millions of Americans a comfortable retirement.

Steve Grondin
01-24-2002, 09:03 AM
Most of this is true but I take exception with the matching lock into Enron stock. Several of my coworkers said that the match was "free" money, if they didn't want Enron stock, they didn't have to take it. My point is that once these workers were vested in the company match, a fiduciary responsibility was created (possibly even sooner). Without freedom to sell, the company is responsible for this being an appropriate investment.

My company once matched 75% of your contributions toward company stock, 50% for all other investments. They realized the bias in this, and you guessed it, instead of matching all 75%, they matched all 50%.

Ms. Re
01-24-2002, 11:40 AM
all of this just gives even more credibility to the Andy's criticism of DC plans...yes you can say that Enron employees may have had certain "windows" to sell their stock, and in retrospect they should have done so...but what sort of investment expertise do you think that the rank-and-file Enron employee has? I'd guess little or none

and I also think that it should be illegal for 401K plans to allow matching contributions to be in a company's own stock...the purpose of 401K plans is to accumulate funds for retirement, not to help prop up the price of a company's stock...one of the central tenets of investing is diversification, and this is grossly violated when 401K's invest in an employers own stock...jmho

aNoNo
01-24-2002, 11:50 AM
On 2002-01-24 11:40, Ms. Re wrote:
all of this just gives even more credibility to the Andy's criticism of DC plans...yes you can say that Enron employees may have had certain "windows" to sell their stock, and in retrospect they should have done so...but what sort of investment expertise do you think that the rank-and-file Enron employee has? I'd guess little or none

and I also think that it should be illegal for 401K plans to allow matching contributions to be in a company's own stock...the purpose of 401K plans is to accumulate funds for retirement, not to help prop up the price of a company's stock...one of the central tenets of investing is diversification, and this is grossly violated when 401K's invest in an employers own stock...jmho


Would you apply the same logic to outlaw all stock option plans?

As of now, there is no law that requires a company to offer any type of retirement plan. Would you rather have a retirement plan that is based on the value of your employer's stock, or no retirement plan whatsoever?

P.S. I totally agree with Andy that the employer is much, much better able to handle investment risk related to retirement savings than an individual employee. Andy actually as some valid points, but I think a lot gets lost in the noise of his histrionics about the Catholic Church, Mormons, bashing Bush, etc.

<font size=-1>[ This Message was edited by: aNoNo on 2002-01-24 11:51 ]</font>

Botsy
01-24-2002, 12:46 PM
On 2002-01-24 11:50, aNoNo wrote:
Would you apply the same logic to outlaw all stock option plans?


Let me try. Stock option plans are not retirement plans, so I would treat them differently. The earnings from these plans are taxed as regular income and capital gains.

Ms. Re
01-24-2002, 01:47 PM
Would you apply the same logic to outlaw all stock option plans?

As of now, there is no law that requires a company to offer any type of retirement plan. Would you rather have a retirement plan that is based on the value of your employer's stock, or no retirement plan whatsoever?

to answer, the first question, stock options are a different benefit than a retirement plan, so I see no problem with them

as for the 2nd question, I'd rather see a no 401K plan whatsoever than having a 401K plan that requires investing in a company's own stock...I think that to attract quality employees, most employers will choose to offer a 401K plan anyway, even if their own stock could not be put into it...otherwise, all other things being equal, employees will tend to choose to work for an employer offering a 401K plan vis-a-vis one who doesn't...as it is now, most people don't understand the extra risk they are taking if they are in a 401K plan requiring some level of investment in their employers own stock...but the publicity surrounding enron may make at least some people aware of the risk

Mr. Grim
01-24-2002, 01:49 PM
The only rule that should be changed is no tax deductibility for the employer contribution unless it is put into a diversified portfolio. This simply takes away the tax advantage to being imprudent.

Actuary321
01-24-2002, 03:31 PM
I would bet there are a lot more people who would disagree than agree. take for example Microsoft employees.

A company I used to work for had their DC plan in all company stock and when the company was purchased many of the employees who had been with the company for a long time retired/quit because their vested retirement account was worth so much. The company actually had to persuade some to stay on for a while to transition new people in.

Mr. Grim
01-24-2002, 03:36 PM
ok, to clarify, the company should allow diversification, one can choose portion in company stock at their own risk.

Andy Lang
01-24-2002, 04:07 PM
Ms Re has it about right and the evidence for 401(k)s being used to prop up company stock is overwhelming.

the fuindmenetal problem is that we are tryoing to make pigs fly, rather than taking an eagle--admittedly an injured one--and fix it.

DC plans have mnver worked when it comes to retirment plans--they failed mislerably before 401(k)s were LOBBIED in and 401(k)s ar no exception.

DB pensions were invented to corect every flaw of DC plans--when used as retirment systems.

The major two flaws in DB plans that were not corrected are:

1. The extreme backloading of the value of the accrued benefit, which does not occur because of anything inherent in DB plans at all--as often has been stated, but because a flaw that once seemed reasonable and certainly easier, but was never fixerd--by actuaries. They could have done it easy--but instead decided to got to the dark side an dtake the bucks from employers and also because they didnt want to fes suo that somehting they had thought was hot stuff was so wrong--and also cause they didn't want to go to clients and say--hey do the right thing and bTW it wil cost you $x--and our competion will then do what the plan sponsor wants and take our clients. One of the great virtues of having laws mandating that everyone do something right is that no one can take advantage of another one because of competition. this is called making the playing field level.

As far as foreign competition goes, we should never ever accept the idea that we need to compete by going backwards for hardwon correct laws--otherwise we might as well take the take the 5 day work week back and make everyone work 6 days a week, have no unions, take away woman's right to vote,have unsafe working conditions, and make blacks slaves again--which come to think of it, is exactly the direction we are going and will continue to go, if the GOP has it's way.

2. The Early retirement subsidy, often worth more than the normal retierment benefit itself is not vested unless you satify BOTH age and service eligibility requirments, BOTH IN-SERVICE--a loophole so large and obvious as to it's potential for screwing people, that anyoine who cant see it needs an eyecheckup.

Regarding my comments on Mormons and Catholics I stand by everything I have said, can back it up any time anyone wishes and I also claim it is extremley serious and also the GOP uses the Catholic church foir itrs own political ends, while the Church in trun gets lots in return, like major funding for it's private schools--very important since the Church in America is going broke because of the many lawsuits for child abuse by priests--having decided for decades to cover it all up and then shift the offending priests elsewhere, where they do it al lover again.

The Mormons, along with other fundamentalist non-catholic groups have been duped by the Catholic Church--the first really global power.

Long before we ever heard of the riots in Seatle and Davos, the Church was doing it's thing, secretly, and to the detriment of the people.

The Mormons are bit players, but would like very much to be as powerful as the Catholic Church, and are at least as secret and their origins at least as suspect.

I do NOT want to see the Catholic Church dominate in this country, like they have many other countries down through history. Our founding Fathers had them in mind more than any other, when they put separation of church and state into the constitution and they debated it furiously and reached exactly the right conclusion too.

If you want freedom OF religion, then you need the state to be free FROM religion.

In PA here we have the creationists hard at work and we must now--by state law--teach alternatives to evolution.

And the Catholic Church is hard at work subverting my alama mater in Western PA, ST Vincent's Colege in Latrobe, thanks to big bucks from Scaiffe (Greensberg, his home, close by), the McKenna Foundation (Latrobe) and The William Simon foundation (Strong Catholic who made super-Big Bucks in the Reagan years--you know the Decade of greed when many Kenneth Lays escaped to do it all over again)--all right- wing foundations with Scaiffe being the most right-wing of all.

If Christ were alive and as they claim he did in the bible, he would right now be throwing the money-changers out of the Temple--the Benedictines out of St Vincent's.

Since he is not, and I am, I intend to do it<G>.

Hey--if not me, who?

If not now, when?

PS: I walk on water too and perform miracles every second Tuesday, and many more on the Internet and in Washington, and when I die, I shall return and rule forever and ever.

And many stories will be told about me--most of them false--but it is the thought that counts.

Variance Man!
01-24-2002, 05:37 PM
Not up for the challenge, eh?
A few abbreviations:
MT, BSW.
AT, NA.
PYMWYMI.

mikey
01-29-2002, 11:28 AM
Seriously, there are some good drugs that can help with schizophrenia nowadays.

You just can't keep from insulting as many people as possible, drowning out the several good points you make, can you?

Variance Man!
01-29-2002, 12:23 PM
Please clarify to whom you're writing to or about.
I'm concerned that you think I'm Him. That's not do. I have challenged Him to a duel with margins, else he should go away. Fat chance at either, I know.

WWSituation
01-29-2002, 01:00 PM
Actually, I haven't seen I'm Himm around here in quite a while.

Variance Man!
01-29-2002, 07:14 PM
For that one, you have to look closer, and take your time. Maybe you should just wait for that one to come to you.