ESOPs

A sort of defined contribution plan (Employee Stock Ownership Plan) where an employer or employee (or both) invests specified amounts of money into (usually or always) the stock of the corporation. These are valued by the share numbers times the stock price. See Burkey v. Burkey, 189 Mich App 151 (1991). Presumably, tax implications (as any DC plan) should be considered.

In Burkey the issue arose as to the "vested" and "unvested" portions of the account. The court held that the vested portion should be 100% included in the valuation process. The unvested portions, pursuant to MCL 552.18, were held to be a matter within the "equitable discretion" of the trial court as to the nature of valuation. Presumably, in most cases, at least some percentage of the unvested shares would be valued.