A lot of my pension plan money has been invested in stock issued by my employer. Is this legal?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Maybe. A small investment in employer stock may be legal. For example, if you have a defined benefit plan your employer stock is limited to 10%. If you have a 401k or other defined contribution plan, the law is in flux as of Spring 2008. The IRS has proposed regulations that, were they to be adopted, would prohibit employer stock from constituting more than 10% of some types of plans, among other changes, beginning in 2009.

However, certain types of retirement plans are specifically designed to invest in employer stock such as an Employee Stock Option Plan, commonly referred to as an “ESOP” which probably are not affected by the new rules.  Check with a financial advisor or attorney for the latest news on this changing topic.

(Reviewed 9-08)

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