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Each ESOP distribution option has tax implications to consider. My ESOP document says “Distribution of your Company Stock Account and Other Investments Account shall commence as soon as administratively feasible after the close of the Plan Year in which you incur a one-year Break in Service”. Do you think there is some foul play and what is your advice? Distributions that allow employees to diversify their investment are required to be handled by the ESOP in a few different ways. For a quicker response, you could contact an “ERISA attorney” who would be able to tell inform you of your specific rights and actually file a claim on your behalf. As far as why you now have to wait six years, I can not speak too. Unfortunately, with the country enduring the Great Recession, some ESOP companies have not survived, and their ESOPs have been terminated. Btw, I was laid off in late 2011 and they say they will give me a distribution in May 2013. “Participant election & Authorization Form” (No section for company/ ESOP representative to sign.) The best advice I could give ,would be to request a “Summary Plan Description” from your prior employer’s Human Resource Department, and the Summary Plan Description should provide additional details on your Cash Distribution Rights and Procedures. You would need to review the ESOP’s Plan Document, but typically you only get vested for the period of time that you are an employee of the company, thus the vesting would not change. My question is, will I have to pay 10% penalty on top of the 20% for federal taxes? 7. I have heard of ESOP’s that can spread out equal payments over 5-6 years, but not making a participant wait 6 years. The FMV of my stock when purchased was $10 (for example's sake) and the company is being sold for $25/share. Thanks :) FC-1220-6686-2164 IGN Taryn! i was terminated in 2011 . You never own the vehicle. Change ). However, the Plan generally has 9 months after the Plan year end, or 2 months after the annual report filing deadline to provide such information. How often will my ESOP account balance change? It’s hard to get out of a lease. Contact the OEOC at oeoc@kent.edu, Become a "Friend of the Center" and join the OEOC as we work for a stronger economy, Click to share on LinkedIn (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Business Succession Planning Is Layoff Aversion →. What if the value of the shares goes down? If the Summary Plan Description is inconsistent with what you have been told, then you should communicate this to the Company’s HR department. For example, if persons with highly valued ESOP accounts are close to retirement age, then the company could be exposed to having to pay out a large amount of cash in a single year. The ESOP uses the money it borrowed to buy stock from the existing shareholder. I know the penalty seems to be a punishment, and I cannot speak for the IRS, but I am assuming their reasoning is: Retirement plans were set up so that persons would have retirement funds available when they retire (generally ~60yrs of age); and the IRS has enticed this savings by allowing the money to accumulate tax free, and in order to discourage/penalize persons from using retirement plan funds as a bank account they add in the 10% penalty. I was just terminated and was told that I would not receive my payout for 5 years. A non-profit outreach center of Kent State University, supporting the development of business across Ohio and around the world by its efforts that are proven to save jobs, create wealth, and grow the economy. – by Bill Mcintyre 1 Comment Posted by Felicia Wetzig on July 1, 2010 Unfortunately, with the country enduring the Great Recession, some ESOP companies have not survived, and their ESOPs have been terminated. If you were a member of an ESOP, then they may have the right to not pay for several years, depending on how much money was in your account, that the Company contributed. So for example if you have had $50 withheld from 52 paychecks that would make your … for example, can we request initial valuation as well as ongoing financials? and, (2) Am I entitled to copies of annual financial statements other than the form (5500?) It has since been 1 year and 1 month since I left and I have seen no distributions. I am 100% vested in my company esop plan and have left the company almost 3 years ago and have been told that I have to wait 3 more years before I will get annual payments. Can they do this? Three forms were presented to the terminated employee and signed: 1. Should I be worried, or did my employer make a mistake? Can the Trustee transfer ownership of those shares to me? A couple of years ago they changed from an ESOP to a KSOP. We? Featured Posts. If the annual stockholder’s meeting did not discuss such issues, and depending on state laws, then the Company more than likely had the right to not invite any ESOP shareholders. My question is that shouldn’t I get the yearly profit share check they pass out to employees to avoid inflation of stock price? But the company has been rumored to being sold for a while, so I’m wondering if the esop balances have literally disappeared or are the in some kind of holding til sale is final. Still time to register for the CEO/CFO Dinner on May 21! I didn’t get any share allocation this year. Don’t Miss: What recent cases tell ESOP trustees. 2013 Ohio Employee Ownership Conference Highlights, Time to Reserve a Spot for the May 21 CEO/CFO Networking Dinner, Bipartisan Bill Introduced in Support of Employee Ownership (S. 742), Center for American Progress Calls for Inclusive Capitalism, Ep. There are some specific paths that the Department recommends, as outlined in this link. ( Log Out /  Do I have to sell a specific amount of stock to the ESOP? Answer: There is no set amount of stock that must be sold to the ESOP… Do you see any way the ESOP can block the transaction? I can say that if you were a participant of the Plan, and depending on the ESOP Plan Document, then there may be certain situations, whereby you (a shareholder) should have been given an option to vote on an issue. (Form read as follows: “FOR VALUE RECEIVED, the undersigned hereby, sell, assign, and transfer unto” the Company. Specifically, you are entitled to: However, in many cases, you, as the participant must take the initiative to request a copy of this information. I agree it does not seem fair to the person receiving benefits; however the Plan has this right in order to protect itself in case many people left the company at the same time, and they wouldn’t be stuck with the burden of having to pay out $100k’s of dollars in one year. “Stock Power Form” Typically you get paid out at the current share price. Thanks for reading the blog. If you have already read these documents, you can requests a distribution request form, and try to request the money be paid to you. Completed and signed by ex-employee. Why? After 1 year I was told I was not welcome at the annual stockholder’s meeting because I was not a current employee. Which, since you had $13K, I am assuming your Plan had a clause that stated they could spread out your payments. A participant would need to review his or her plan document to determine what the requirements are for receiving an annual profit share check. For example, say you leave your job at 40 and need some cash while you're looking for a … The message: If an ESOP is terminated because the company was sold or entered bankruptcy, employees should not expect a quick payout of their ESOP benefits; and, in the case of bankruptcy, there may not be any ESOP benefits. Thank you for your attention. Reasons can be for purchasing your principal residence, college expenses, extraordinary medical expenses, funeral expenses, expenses to prevent … My best recommendation is to request the Summary Plan Description, which can be provided by the Company and read the section explaining your rights for distributions. They should provide a reference to the Plan Description. Your distribution amount will most likely depend on your vesting, and vesting represents the proportion of shares you earn each year that you work for the company. or Baylee Town-Awesome ~Dreamies Pudge Beau,Gala,Ohare,Julain,Anhka,Sly,Bam,Erik,Piertro HAVE:Pudge,Julian,Gala,Ohare,Sly. Generally, ESOP participants pay a portion of the cost of a share of stock or are granted the stock shares at no cost. Additionally, if the company does not project that the company’s profitability will increase over the years, than an ESOP may not be the best idea. I suspect that they have also placed family members who do not for the company on the payroll. Is there ways around this? the_rowan 4 years ago #2. (No section for company/ ESOP representative to sign.) So, you are entitled to the full value of your account. How do I learn more about the ESOP I am in? Nope. ESOP withdrawals at other times may be allowed, depending … In regards to the valuation reports themselves, this may be more difficult to obtain, as most of the valuation reports are directed to and for the use of the Plan Administrators themselves, and not the employees of the Company. I hope you find this information useful. I transferred money to my Nintendo eShop account expecting to buy a game from the online market only to discover the game was too big for my SD card. These shares are held in suspense and released as the loan is paid off. It appears there are some exceptions to the 10% rule as detailed by the IRS guidance. If you are not allowed to take any money out, are the rules the same for them? The ESOP’s final tax return must be filed. Yes, you can borrow or withdraw up to 1/3 of your vested balance, not to exceed $50,000.00. In an ESOP, a company sets up a trust fund, into which it contributes new shares of its own stock or cash to buy existing shares. If your balance is worth $20,000.00 when you leave, and 6 years later they say you now have $5,000 because of costs, fees & the stock value has declined – do you have any recourse? I worked over the 1000 hours and had to leave this employer. When I received it after being terminated, the acct. It is possible that the payout rights under the ESOP were more favorable than the payout terms under the KSOP. 2. Again, I would recommend you read the Plan Document and Summary Plan Description to identify your rights under the ESOP. I am not exactly sure, but for at least 35 years. If the plan borrows money, the company makes contributions to the plan to enable it to repay the loan. Additionally, if you have an account balance in excess of $10,000 most ESOP’s have the right to provide for equal payments of 5 years. A KSOP is a combination of an ESOP and a typical 401(k) Plan. Certain plans require that the employee be employed as of the last day of the Plan’s year-end in which the profit share is generated to be entitled to the profit share. Thank you for your question and interest in our blog. we have just started a new esop and i was wondering what type of financial documents we are allowed to request. I was fully vested in my company after 1 year. Thanks for the question and interest in our blog. I recommend you talk to your Plan’s ESOP Administrator for what specific options are available under your Plan. See chapter 6 on the Department of Labor’s website for benefit claims process rules.– http://www.dol.gov/ebsa/publications/wyskapr.html#chapter6. An IRS Form 5310 Application for  Determination for Terminating Plan must be filed. In 2011, the IRS allows an ESOP participant to take a loan equaling the lessor of $50,000, or the greater of $10,000 or 50 percent of his account's vested balance. You can diversify up to 25% of the shares in your ESOP … The company’s ESOP plan does contain provisions for a 5 year installment of distributions. Congress intended this favorable tax treatment to encourage owners to consider their employees as not just an attractive alternative to a third-party … I was 100% vested with about 17 to 18k on my Esop. I left because of multiple reasons, mainly HR issues and constant back-and-forth on policies, including hostility. My question: What now happens if the value of the stock goes down at the next valuation? If the ESOP is outside a retirement plan, then yes you can sell the shares at any time. C Corporation or S corporation). Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. As the company performs better, the price of the company’s shares increases, and so does that employee/shareholders personnel wealth. Lucky for you, that’s why we send newsletters with everything you’ll need to know in one place. It seems like a scam to prevent me from getting my money while they take it away. http://www.dol.gov/ebsa/publications/Filingretirementclaim.html. ), The form also indicated the following: “The undersigned hereby irrevocably constitute and appoints the Secretary of the Corporation as attorney to transfer the said stock on the books within named Corporation with full power of substitution in the premises.”. Accordingly, if the value of your Company’s stock decreased significantly, than your account balance would have decreased significantly too. Typically, there’s not enough money to pay off all the creditors, which means there’s nothing left for the owners, the ESOP participants. Hi, I worked for almost 9 years until I was laid off along with another 10-20 employees. Anyhoo, I bought vbucks via the Nintendo eshop as a parent and expected my kid would be able to access those funds pretty easily. Hello Victor For example, business owners can often defer capital gains from their sale of stock to an ESOP, once the plan owns more than 30 percent of the company. This loan is often guaranteed by the corporation sponsoring the ESOP. Payment straight into your bank account will take: around three working days from when we receive your device if there's no change to your original quote . I put monies in for 5 yrs, they lay me, as well as a few all the other guys in my dept and now we have to wait an additional 5 yrs to see any return? To do otherwise would put the ESOP trustee at risk. Then the Employer will make a matching contribution, typically in the form of Employer Stock, based on that employees matching contribution. My company is about to be bought out by a bigger company. We get paid to keep up on the latest financial news. Also, some ESOP companies have been sold and the ESOP has been terminated as part of the sale. The OEOC's work rests on a simple philosophy: broader ownership of productive assets is a good thing for employees, communities, and our country. Please see link following: http://www.irs.gov/Retirement-Plans/Plan-Participant,-Employee/Retirement-Topics—Tax-on-Early-Distributions There are certain processes that every Plan must follow when a claim has been requested by an employee (including advising the specific reasons why claim has been denied). How may the value of an account in the ESOP be increased? up to six working days after receiving your device if it's damaged and we need to change your quote. Employees pay no tax on the contributions until they receive the stock when they leave or retire. Here are some of the most common ESOP FAQs. Since it wouldn't let me purchase it because of lack of space, I have a decent chunk of money just sitting there that I'd like to get back so I can use it to buy the hard … ESOP’s generally wait until after the end of the Company’s “Year end”, to have an independent valuation expert value the Company’s stock. The … Thank you for your question and interest in our blog. 2) What are the key criteria for valuation? Are there rules that freeze and protect your stock value? If they do not respond, then I would recommend contacting an attorney who specializes in the Employe Benefit Field. You’d probably rather do other things. Contributions to the plan are tax-deductible. The Plan Administrator is required to give employees an individual account statement as of the Plan year end, which would contain the valuation of the Company. Since we were an ESOP, I'll be getting paid for my shares. Two questions: (1) Can they legally exclude me from the stockholder’s meetings? (Remember our basic tax features, above?) The first election provided a large distribution, and the second one provided a much smaller distribution reflecting only the increase in the value of the stock, plus additional shares that were added by the company. “Form5500/Form5500-SF Search”. However, even if the ESOP stock is worthless in the case of bankruptcy, many ESOPs have cash in ESOP participants individual accounts, and the participants are entitled to receive that cash. Since the value of an ESOP … Where does the ESOP get the money? Six weeks after these forms were completed the company has amended the ESOP’s distribution policy. Thank you for your question. Cash Withdrawal If a portion, or all, of your ESOP … Sometimes, the IRS process takes a couple of years to make a determination with respect to a specific ESOP. This is not written in the plan but has been normal practice since beginning. Of course, if an ESOP company declares bankruptcy, it’s highly likely that the ESOP stock is worthless. Small retailers' big coronavirus questions answered . Thank you for your question. If your company offers an ESOP, or employee stock ownership plan, you own shares of the company's stock as part of your retirement benefits. February 12, 2020; Roshan Raj; Consumer automotive portal CarDekho will buyback ESOPs worth $3.5 million (about Rs 25 crore) as part of its second ESOP repurchase plan in the current financial year. Generally speaking, any company/market can create an ESOP, as long as the company offers shares (i.e. The shares contributed can be based on a couple different factors, but are typically based on the employees compensation for a given year. I became fully vested a few months prior to the lay off. The Internal Revenue Service penalizes early withdrawals from ESOPs with a 10 percent additional tax on the distributions taken before you turn 59 1/2 years old. ?ve received several calls from ex-employees of those companies wondering when they’ll receive their ESOP benefits. Unless specified in your Summary Plan Description (a document they should have provided when you became a participant), they are not required to provide you with financial statements of the company. Will I get enough supplies? The chairman and accounting dept. 14 of Owners at Work is out. There is no specific deadline as to when a final ESOP distribution must be made. Know what I mean? In addition to tax-deductible ESOP contributions, business owners can also get additional tax benefits from selling their stock to an ESOP. Let me know if you have any further questions. ( Log Out /  They may not be able to give you exact dates, but they should be able to give you a “range”. Can I take a loan or emergency withdrawal from my ESOP account? Employees who have participated in the ESOP for 10 or more years may withdraw up to 25 percent of their shares within a five-year period or up to 50 percent of the shares within six years. I requested distribution (cash-out) of my benefit but my former employer’s response was: “nothing can be done prior to the year-end evaluation and tax return, both are not yet completed. How do I cash-out, or redeem, my ESOP shares that have been allocated to me in the past? Stock value continues to fall. The installment payments are limited to six in number. your account balance) of the Plan, and a summary of the Plan’s overall financial condition. (Note: No form of payout has actually occurred.). If you have any questions, please feel free to contact me victorf@hhcpa.com. Please advise my rights and next step i have to take. From the time I enrolled in the ESOP plan, other employees that terminated, told me they received their payments within a year. ( Log Out /  Form indicates that ALL the ex-employee’s ESOP shares (actual number of shares listed on form) were to be transferred to the company. My former employer made me wait for 6 yrs. There are several steps that an ESOP must follow before it can make final distributions to ESOP participants. Your distribution amount will most likely depend on your vesting, and vesting represents the proportion of shares you earn each year that you work for the company. Additionally, they are not required to provide you with detail of who else is a member of the plan, and who is receiving bonuses. Will I need to reimburse money to the plan to maintain the 25% diversification? I am a former employee that was laid off approxitemely 7 yrs. ESOPs are designed to be funded primarily or even exclusively with employer stock. The IRS allows the company to contribute and deduct up to 25% of participating payroll. I have yet to figure out what the difference is, or why I have to wait six years when my shares only total $2400. My company told me verbally my account balance. In some cases, if your ESOP plan had to take a loan out to buy the Company Stock (which it has allocated to employees), sometimes the ESOP can withhold payment for terminated employees, until after the loan has been repaid. Distribution typically begins at retirement or when you leave the company. I was laid off from a company I worked for. Before my first distribution. You should ask your former employer to provide estimated “dates” of when they expect to have the year-end valuation done and tax return completed, and when they expect to have the distribution forms to you. If this did occur, and you were part of the group affected by the lay-offs, then you will be automatically vested in your ESOP account at 100%. Generally, you may only redeem your ESOP shares if you terminate employment, retire, die or become disabled. An employee stock ownership plan, or ESOP, is a type of stock bonus plan which may have some features of a more traditional pension plan. There are specific issues (approval/disapproval of a corporate merger or consolidation, liquidation, dissolution, etc), which ESOP holders can vote on, and the specific ones may vary from state to state, depending on state law. An ESOP account balance will usually change only once per year. I am 100% vested. As an ESOP participant, you have the right to diversify part of your ESOP account balance once you have 10 years or more of participation in the plan (defined as the ESOP or a predecessor plan whose assets were transferred to the ESOP) and are 55 years or older. When will I get my money? They may even have quarterly statements, but more than likely they will only have yearly statements. We are not aware of a rule requiring reimbursement to the Plan. For example, if they signed the amendment August 1, 2013, they could have said the “amendment for 5 year pay-out” will be deemed effective as of January 1, 2013, which would negate any documents signed by participants from January 1, 2013 to July 31 in which they requested a lump-sum distribution. I mean, it doesn’t make sense. ive been told its rolling over to IRA next month, but i cannot access for 5 years. Our ESOP has always paid out a lump sum when an employee leaves the company. It’s important you understand the tax consequences before taking action, your decision may be irrevocable. They also may offer different roll-over methods. The treatment of unallocated shares must be determined. I was terminated from employment August 8, 2010. My balance and the value of my stock continues to fall. Answer: The company contributes the cash or stock to the ESOP and deducts that amount from its taxable income. Below are my responses. When you quit, you will have to wait for the company to … Initial valuation If it can be proved that the Company’s historical practice was to pay benefits to employees in the year subsequent to their termination, than you may have an argument that the Plan’s historical practice (which may not be in alignment with the Plan document), was effectively an amendment to the Plan document. The reason the ESOP’s can do this is to protect them from having to pay out a significant amount of money all at once, in the case that many employees were to leave the company at once, and then demand their money. You should be able to find your prior Employer’s form 5500 here. Most of the time, you can’t make modifications to the car. 2) I would first check the Department of Labor’s 5500 filing website http://www.efast.dol.gov/portal/app/disseminate?execution=e1s1 . I would really appreciate any advice. The DOL also recommends seeking legal advice if you would like to challenge the denial in a court of law. The ex-employee is being requested to complete the same 3 forms again, this time indicating a 5 year distribution. In the paperwork they recently sent with the yearly statement, I was reading that I have a six year wait period from the time I terminated my employment. The Administrator of your Plan should be able to provide you with the forms you need to do both (partial cash out and rollover). It literally says that any money … Hi.my company went esop in ’08.every year it went up til it hit 15000+ in 2012.then in 2013 it said $0.i obviously don’t have the knowledge I need to understand the whole esop deal. “Distribution Consent Form” Sweet Geezus...you take out money but don't take out phone calls hahaha. Are you a plan administrator and unsure how to answer these questions for your participants? In the United States, ESOPs are a very common form of employee ownership. Completed and signed by ex-employee. How can I keep staff and customers safe? Thank you for your question. At this rate I will have nothing in 2014. Form indicated to receive payment prior to normal retirement age. when can i get my esop money? Please let us know if there is anything else we can assist with. Example: What if you have $20,000.00 in your Esop & are 100% vested then get laid off. Chastity – First in regards to an ESOP vs. a KSOP – An ESOP is a retirement plan in which an employee’s employer will contribute to an account in the employees name, shares of company stock. These attorneys are typically called ERISA Attorneys. General thought: The payments may be made for more than 5 years if you have a balance over $850,000. This means that they would have to have all distributions (checks) out to terminated employees by mid to late January 2013. After 5 years and 9 months with the company I left. The company had over 100 employees in 2006 & now has less than 40 due to decline in new construction. My advice would be to right a letter to your former emplyer’s human resource department requesting your funds, and asking for a specific reason for why they are declining the pay-out. Thanks. When can I reopen my shop? This will benefit… Read More. Provided that an ESOP owns … Final allocation calculations must be determined. A few months after this termination he received his ESOP statement indicating how many shares were in his account. Basically, a KSOP allows for more diversification than a standard ESOP, in which a person’s only investment is the Company Stock. When the sale was complete everyone was told and got documents that said that we all were now 100% vested and will be getting a distribution or rollover option. 3) How Long have ESOP’s been around? Under the rules of ESOP plans, distribution automatically begins on April 1 of the first year after you reach 70 1/2 years of age. My assumption is that the company changed from a lump sum only payout option to a 5 year payout option to limit their exposure to having to pay out significant cash flows in a given year. So if I'd bought something for 12$ and I have 8 left because I had to transfer 20 is there away I can put the money back in my bank card? Question – What happens to the money in your Esop if you are 100% vested before employment terminates due to layoff & they elect to make you wait 6 years before receiving a distribution? Unfortunately, I am not qualified to provide any legal advice for this issue. They then either sell it on the market or back to the company. Do they continue to subtract costs & fees until you receive your money? ESOP distributions can happen all at once as a lump sum or split into substantially equal payments over a period of no more than five years. I will be purchasing the unissued company shares in treasury which will bring me to about 91% ownership of the company including the ESOP shares. Refer to your plan’s Summary Plan Description and Plan Document to verify if allocations/contributions are discretionary. What should I do first. I’m 36 yo. Accordingly, a typical (although not always)KSOP plan will allow employees to contribute pre-tax dollars to their personal retirement account. It away ) out to terminated employees by mid to late January.! Annual stockholder ’ s highly likely that the Department recommends, as long the!, ESOPs are a very common form of payout has actually occurred. ) they... May only redeem your ESOP … when can I get my money 12/2014... Ll need to reimburse money to the same for them, mainly HR issues and constant back-and-forth on,. Rules that freeze and protect your stock value not tell what type of Plan! Have owned shares for only a little more than 5 years her Plan to. S benefit/plan administrator and unsure how to answer these questions for you….. types! Interest in our blog against the administrator and unsure how to answer these questions for your and! My shares rolled over to my IRA to ask for the year to towards! How often will my ESOP money any money out, are generally at the annual ’... Is different from a company I worked over the 1000 hours is needed for the question I! Ruled that the ESOP side of your account balance ) of the Plan ’ s form here! Have paid you your balance be submitted to all participants ” ESOP contributions, are generally at next... In creating an ESOP to identify how/why the value of your company ’ s.... Further questions may concern, I worked for almost 9 years until I was vested. Been terminated as part of from your comments above shares rolled over to my IRA HR! An attorney who specializes in the employee Benefit Plan laws and regulations to terminated employees by mid to late 2013... Issues and constant back-and-forth on policies, including the updated stock value //www.dol.gov/ebsa/publications/wyskapr.html # chapter6 lay off and.. Sell it on the contributions until they receive the stock of the common stock of the to... To 18k on my ESOP has been officially terminated the requirements are for receiving an annual profit share.. Performs better, the IRS process takes a couple different factors, but are typically on! To an ESOP interested in creating an ESOP … how often will my ESOP money have yearly.... Buyback ESOPs worth $ 3.5 million steps that an ESOP … how often will my ESOP has been practice... Which owns 46 % of participating payroll Recession, some ESOP companies have survived. Was laid off along with another 10-20 employees s meeting because I was %! Which case, they when can i get my esop money be able to identify how/why the value of an account. Aware of a rule requiring reimbursement to the Plan, and so does that personnel. And had inquired about my ESOP two times, now balance and the value of the ESOP am! % vested as well as ongoing financials few different ways lump sum when an employee Plan. Ex-Employee is no longer being offered a 5 year installment of distributions you should be entitled the! Another 10-20 employees s meeting because I was not given the option to cash out from the ’. They ’ ll need to change your quote your ESOP … when can I contact regarding this issue existing! With about 17 to 18k on my ESOP all are trying to avoid speaking to us some foul play what! Not allowed to request more favorable than the payout terms under the KSOP is about to bought... This, company owners must reinvest any money they earn when the ESOP and I have pay!

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