President Bush alludes to “an ownership society†frequently in speeches, supposedly
encouraging more people to own businesses or their homes, even including the phrase in his second inaugural
address.
Yet he has never specified what the vague phrase means beyond business or home ownership. Nor has he proposed
legislation to put before Congress that would flesh out his idea.
However, the President’s Advisory Panel on Tax Reform has proposed to do away with Employee Stock
Ownership Plans, or all defined contribution plans, a suggestion that could curb the growth of worker-owned
cooperatives.
The ESOP Association, a national trade association, declared the proposal is
“…a bizarre and completely surprising move…â€
adding, “…The Association and its members finds such a recommendation shocking,
and contra to the Administration’s previous posture towards employee ownership.â€
For over 30 years, ESOP legislation crafted by Senator Russell Long in the 1980s, allows employees to buy out
companies or corporate divisions, often saving thousands of jobs.
Subsequent amendments to Senator Russell’s original legislation - the 1040 Rollover provision,
for instance - allows sole proprietors, or closely held corporations, to sell their firms to employees, either as part
of a succession plan, or the means “to pass something along to my family.â€
The sale to employees is treated as a non-taxable event provided the owner invests the capital gains in U.S.
registered securities within 12 months. The owner may, or may not, continue as the corporate leader. Then, after 3
years, she or he may give the investment corpus to heirs or others, also as a non-taxable event.
Thus, jobs and wealth stay at home.
While ESOPs have made owners of employees in over 11,000 firms, the 1040 Rollover provision is being used chiefly to
create cooperative corporations, a less costly means to accomplish the same ownership ends, but usually in smaller
firms.
The larger ESOPs have dozens of legal and financial advisors, as well as an independent information source, the
National Center for Employee Ownership, and the ESOP Association, a trade association.
While the smaller cooperative corporations have fewer advisory firms, they are federating under the banner of the
U.S. Federation of Worker Cooperatives, and formed as businesses, for the most part, under ESOP law.
ESOP Association members spoke with officials of the Department of Treasury. They learned the Treasury Department
has made no decision to recommend that President Bush propose that defined benefit plans be ended. Yet, spokesman
said, “The ESOP community’s voice has not been heard at Treasury.
If President Bush is able to repeal ESOP law, the growth ownership and equity through business ownership may come to
an abrupt halt.
In North Carolina, ownership activists wrote former U.S. Senator John Edwards, who now heads the Center on Poverty,
Work and Opportunity based at the University of North Carolina, urging him to encourage states to enact defined benefit
plans allowing the formation of worker owned firms to continue.
A similar effort was started in the 1980s by the Industrial Cooperative Association, now the ICA Group in Brookline,
MA, and was funded by the Ford Foundation. ICA staff members Dr. David Ellerman, now a Visiting Scholar at the
University of California/Riverside, along with Peter Pitigoff, Esq., now Dean of the University of Maine School of Law,
drafted model state legislation that a small number of state legislatures adopted. The foundation’s
decision not to continue the funding stopped the ICA endeavor.
Edwards was encouraged to see for himelf what can happen when both ownership advocacy, appropriate legislation, and
political support is state-based and state-focused. One example pointed out to Edwards is the Ohio Employee Ownership
Center founded by John Logan. Another is the Vermont Employee Ownership Center.
He was asked to help replicate these two centers throughout the U.S. and in formulating other ways to expand the
nascent “ownership society†growing in across the nation.
To contact the ESOP Association for more information go to their
website
To contact Edwards, write to him at-
John Edwards, Esq.
Center on Poverty, Work and Opportunity,
UNC School of Law,
100 Ridge Road,
Chapel Hill, NC 27599-3380
Or go to the Center's website
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