Caution About Online Social Media and Investment Scams

If you work for Sears Holdings, you have likely read news articles and other financial information about your workplace online. As investors become more dependent on the internet, fraudsters can take advantage of those searching for information on the web through social media. The FBI estimates that senior citizens lose more than $3 billion each year to financial scams including romance scams and lottery and sweepstakes scams. This is supported by the CSN Data Book 2020, which states that fraud-related losses in 2020 will exceed $3.3 billion, an increase of nearly $1.5 billion over 2019. As the worldâs population continues to age, this number is only likely to rise. Fraudsters are currently utilizing these public platforms to quickly, cheaply, and easily reach large numbers of individuals.

In addition, as a result of the abundance of resources, fraudsters can now post information that appears to be remarkably clear and credible. In light of this, the SEC's Office of Investor Education and Advocacy advises investors to maintain skepticism and avoid acting solely on the basis of information obtained from social media or other apps. Sears Holdings employees who wish to avoid a scam should be aware that fraudsters disseminate false information anonymously, using the credentials of others, fake profiles, and even impersonating legitimate sources, making it difficult to track and hold them accountable. These individuals frequently spread inaccurate, misleading, or insufficient information. The entries convey a false sense of legitimacy, typically creating the impression that a large number of people are purchasing an investment in order to make it appear attractive to the victim. There are countless schemes that con artists use to defraud online investors. Here are a few cons that Sears Holdings employees should avoid:

Fraudulent Imitation Schemes:

Fraud (46,3%) and identity theft (29.4%) comprise the majority of FTC complaints. With nearly 500,000 total reports, imposter schemes are the most common type of fraud. These losses totaled nearly $1.2 billion, with an average loss of $850. 'Government documents or benefits fraud' was the most common type of identity theft, with over 400,000 reported cases.

Scammers frequently impersonate banks, brokers, investment advisors, and other reputable sources of market information. From 2019 to 2020, reports of fraud and identity theft increased by 47%. Fraudsters are able to obtain a client's information by creating an account resembling a specific individual or company, web pages with a legitimate company's logo, and comments that direct clients to a bogus website. When receiving information through social media, it is essential for Sears Holdings employees who wish to avoid becoming victims of fraud to verify the source's identity. Checking the sender's account name, profile, email address, and screen name is the first step in validating their identity.

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When contacting a company or visiting their website, you may want to review the company's SEC filings to ensure that the contact information and website address are legitimate. You can independently verify an advisor or broker's information using the phone number or website listed in their associated firm's Client Relationship Summary (Form CRS). Those working for Sears Holdings may be able to identify a reliable source by paying attention to a platform's verification methods, such as Twitter's verified blue check mark. On social media, fraudsters have been known to impersonate SEC employees. At www.sec.gov/opa/socialmedia, you will find a list of verified SEC accounts. In addition, there have been instances of fraudsters hacking into a victim's device and contacting their contacts; therefore, if you receive information about an investment opportunity from someone in your contacts list, be sure to contact them in person before making any financial decisions.

Fraudulent Cryptocurrency Investments

The annual number of reported scams in the cryptocurrency industry is enormous. Regulators frequently assert that cryptocurrency frauds are predictable, but Sears Holdings employees should trade with caution. Several factors make the cryptocurrency market susceptible to fraud. Due to the nature of fiat currencies, neither banks nor centralized agencies are available to flag suspicious transactions and prevent fraud before it occurs. Transactions in cryptocurrencies are irreversible; if money is lost, it cannot be recovered, even if the user reports fraud. In recent years, cryptocurrency has received a great deal of attention, and fraudsters are now using investors' fear of missing out on investment opportunities to lure them into scams.

A 'crypto' investment opportunity that promises unusually high returns to Sears Holdings employees is likely fraudulent. The promise of risk-free, unlimited returns is a staple of 'crypto' online scams. Fraudsters frequently depict accounts with instantaneous value increases and fabricate a list of historical returns to increase the appeal of their schemes to investors. Prior to engaging in transactions, Sears Holdings employees who are considering a 'crypto' investment must review how the investment works, ask questions, and conduct a background check on those offering the opportunity for licensing and registration.

Romance Fraud

In 2023, the FBI anticipates an increase in reported financial loss due to a rise in international romance-related crypto investment fraud. Similar to an online relationship, the con artist convinces the victim to invest in cryptocurrency rather than cash. On dating apps and social media platforms, fraudsters are increasingly impersonating individuals with deceptive intentions while concealing their identities. Sears Holdings employees should be aware that these scams typically function by establishing an online relationship with the victim and gaining confidence/trust. Once the relationship has been established, the fraudster informs the victim of a 'once in a lifetime' investment or trading opportunity involving cryptocurrencies. The victim is then pressured to invest money on a fraudulent website and is unable to withdraw their funds. The fraudster then ceases communication with the victim and the victim is unable to recover the money.

Schemes to Manipulate the Market

Those working for Sears Holdings must also consider how fraudsters' dissemination of false information can affect the price of a legitimate stock or cryptocurrency. Fraudsters may promote an investment while posing as another individual and create new accounts designed specifically for the fraud while concealing their true identity. In light of this, it is essential to verify the posting history and original content of an account. Sears Holdings employees should be aware of the following schemes that rely on the dissemination of false information: pump and dump, scalping, and touting.

Pump and dump schemes inflate the price of a stock artificially by creating deceptive statements that incite a buying frenzy, followed by the sale of shares at the inflated price. Scalping entails recommending a stock to increase its price, then selling it for a profit. Touting entails promoting a stock without disclosing compensation for doing so. In other instances, fraudsters spread negative rumors on social media that generate fear, uncertainty, and doubt (FUD) to drive down the price of a stock or currency, which they then purchase at a discount. Therefore, Sears Holdings employees should exercise extreme caution when purchasing stock in a company that is constantly promoted despite having no products or services to justify its value. Regardless of the sender, it is also essential to maintain a healthy level of skepticism regarding investment-related posts, messages, emails, and other unsolicited communication.

Fraudulent Community-Based Investment

Fraudsters are also known to exploit online communities, specifically targeting groups with shared characteristics such as age, ethnicity, nationality, religion, and sexual orientation. These cons take advantage of the trust and bonds within a community in order to defraud multiple people simultaneously. By mail or in person, fraudsters contact the leaders of these communities about a scheme. After persuading them, they recommend the same to other members without realizing that the proposed investment is fraudulent, deceiving an entire group of people. Sears Holdings employees can avoid being duped by conducting a background check and searching the individual's name on investor.gov.

When presented with an online investment opportunity, Sears Holdings employees must be aware of what is being offered and with whom they are dealing due to the internet's vast array of scamming opportunities. When searching for financial information online, it is essential to conduct your own research, conduct background checks on individuals, and verify the website's credibility. Before investing, it is essential to research a company's publicly available information and become familiar with its business. When protecting themselves from fraud, Sears Holdings employees must also avoid being pressured into financial transactions and refrain from following groups into trendy investments. Taking these factors into account, Sears Holdings employees should seek out a legitimate financial advisor to avoid falling victim to an investment scam. The Retirement Group caters to your personal financial needs and develops a customized plan to ensure a secure and comfortable retirement through proper financial planning.

Reference(s):

https://www.sec.gov/oiea/investor-alerts-and-bulletins/social-media-and-investment-fraud-investor-alert
https://www.comparitech.com/identity-theft-protection/senior-scam-statistics/
https://www.analyticsinsight.net/top-ten-cryptocurrency-frauds-of-2023/
https://www.fbi.gov/contact-us/field-offices/jacksonville/news/romance-scammers-targeting-victims-with-fake-crypto-investments#:~:text=In%202023%2C%20the%20FBI%20anticipates,victim%20to%20investment%20in%20cryptocurrency .

How does the Sears Holdings Pension Plan differentiate between normal retirement, early retirement, and late retirement options for Kmart participants? In what ways do these options influence the retirement planning process for employees of Sears Holdings, and what specific considerations should Kmart employees be aware of when choosing one of these retirement paths, particularly in relation to their vested status?

Differentiation of Retirement Options: The Sears Holdings Pension Plan offers distinct options for normal, early, and late retirement. Normal retirement is available at age 65 or after five years of plan participation, whichever is later. Early retirement can be taken from age 55 but before 65, provided the employee is vested, with benefits subject to actuarial reduction unless certain conditions are met (like having at least 90 points, which is a sum of age and years of credited service). Late retirement pertains to any retirement after the normal retirement age, with pensions recalculated to reflect the delay in benefit commencement.

Considering the frozen status of the Sears Holdings Pension Plan, how does this impact the benefits eligibility for Kmart employees, and what implications does it have for their retirement savings strategies? In what ways should current employees factor in this frozen status when evaluating their overall retirement readiness and potential alternatives outside of the company plan?

Impact of Frozen Status: The freezing of the Sears Holdings Pension Plan on January 31, 1996, means that there have been no new accruals of benefits or participants since that date. For Kmart employees, this impacts their benefits eligibility by capping the pension benefits at levels earned up to the freeze date. Employees need to consider this stagnation in benefits when planning for retirement, potentially seeking additional retirement savings avenues to bridge any shortfall.

What are the essential calculations involved in determining the retirement benefits under the Sears Holdings Pension Plan for Kmart employees? Specifically, how do the Career Average Pay and Final Average Pay formulas come into play, and what factors should employees consider when estimating their future retirement payouts?

Essential Calculations for Retirement Benefits: Pension benefits for Kmart employees under the Sears Holdings Pension Plan are calculated using either the Career Average Pay or the Final Average Pay formulas. These calculations take into account an employee's years of credited service and compensation up to the freeze date. Factors like estimated Social Security benefits and specific formulas (such as a deduction based on Social Security benefits under the Final Average Pay formula) play crucial roles in determining the final pension payout.

How can Sears Holdings employees best navigate the process of applying for benefits under the Pension Plan? What specific steps should participants take to ensure their applications are processed correctly, and what important deadlines should they be aware of to avoid any negative consequences on their retirement benefits?

Navigating the Benefits Application Process: To apply for pension benefits, employees must submit a formal application, ideally 30 to 90 days before the intended commencement date. It is crucial to ensure all personal information, including marital status and spouse details, is up-to-date to avoid delays or inaccuracies in benefit processing. Missing application deadlines can lead to postponed benefit payments or unwanted default options.

In what situations can Kmart employees expect to receive a Deferred Vested Pension, and how is the calculation for this pension affected by their previous employment and vesting service? Employees should be aware of the important factors influencing their eligibility and the steps necessary to maintain their retirement benefits after leaving the company.

Eligibility and Calculation for Deferred Vested Pension: A Deferred Vested Pension is available to employees who leave the company after becoming vested but prior to qualifying for retirement. The calculation mirrors that of a normal retirement pension, with possible early commencement reductions. Understanding the timing of benefit commencement and the potential reductions for early start is vital for planning.

How does the Sears Holdings Pension Plan address tax considerations for employees receiving both monthly payments and lump sum payments upon retirement? What tax implications should Kmart participants be aware of, particularly in relation to IRS rules for distributions and potential penalties for early withdrawal?

Tax Implications of Pension Receipt: Pension payments, whether monthly or lump sum, are subject to federal taxes. Monthly benefits are taxed as ordinary income, while lump sums might be eligible for special tax treatments or rollover options to defer taxes. It’s important for Kmart employees to consider these implications and possibly consult with a tax advisor to optimize tax liability.

What are the rights and protections afforded to Kmart participants under the Employee Retirement Income Security Act (ERISA) as they navigate their retirement benefits with the Sears Holdings Pension Plan? How can employees leverage these rights to ensure they are receiving all the benefits to which they are entitled?

ERISA Rights and Protections: Under ERISA, Kmart employees are entitled to certain rights including the ability to appeal denied benefits, access to plan information, and assurances of fair and equitable treatment of their benefits. Leveraging these protections ensures that employees receive all due benefits.

What steps should Kmart employees take to update their personal information to ensure they continue receiving their benefits without interruption, especially in the context of missing participants or uncashed checks? What resources and contacts at Sears Holdings are available to assist with these updates?

Updating Personal Information: Maintaining accurate personal information with the pension plan is crucial for uninterrupted benefit payments. Employees should promptly update changes such as address, marital status, or beneficiaries to prevent issues with benefit distributions or lost checks.

How does the process of transferring between affiliated employers impact pension benefits for Kmart employees under the Sears Holdings Pension Plan? What considerations should be taken into account concerning Credited Service and Vesting Service during such transfers, and how can employees ensure they do not lose any entitled benefits?

Impact of Transfers Between Affiliated Employers: Transferring between Sears Holdings’ affiliated employers can affect pension benefits differently depending on whether the employer participates in the pension plan. It's essential to understand how such transfers impact credited and vesting service accruals.

For Kmart employees seeking more information about their benefits under the Sears Holdings Pension Plan, what is the best way to contact company representatives? How can they effectively communicate their questions or concerns to ensure they receive accurate and timely information regarding their retirement benefits?

Contacting Plan Representatives: Kmart employees seeking clarity on their pension benefits should contact the Sears Holdings Pension Service Center. Effective communication, including prepared questions and necessary documentation, will aid in obtaining accurate and comprehensive information.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.

Sears Holdings Corporation's pension plans were taken over by the Pension Benefit Guaranty Corporation (PBGC) following the company's bankruptcy. The two defined benefit pension plans have been frozen since 2005, meaning no new benefit accruals are added. The plans are underfunded by approximately $1.4 billion, with PBGC assuming responsibility to ensure pension payments continue. These plans cover about 90,000 participants who worked for Sears, Roebuck and Co., and Kmart Corporation. Despite the underfunding, PBGC is expected to cover the vast majority of pension benefits owed under these plans. Participants can manage their benefits and verify information through PBGC's online platform or service center.

Bankruptcy and Store Closures: Sears Holdings emerged from bankruptcy with significant store closures, reducing from nearly 700 stores to less than 25. The company has been liquidating its remaining assets and recently announced more store closures in 2024. The focus is on resolving bankruptcy-related issues and managing the liquidation process effectively (Sources: The Layoff, Yahoo Finance).

Sears Holdings offered both RSUs and stock options before its bankruptcy. RSUs vested over time, providing shares, while stock options allowed employees to buy shares at a fixed price.

Sears Holdings, now part of Transformco, has faced numerous challenges in recent years, impacting its ability to provide comprehensive employee healthcare benefits. The strategic transformations initiated since 2017 aimed to improve operational performance and liquidity, which included measures such as obtaining additional loan proceeds and real estate sales. However, the company's financial struggles and store closures have also led to significant changes in employee benefits, including healthcare. As part of its efforts to stabilize and restructure, Sears has focused on reducing outstanding debt and pension obligations, contributing almost $4 billion to its pension plan since 2005 due to prolonged low interest rates. In 2023, Transformco continued to navigate its financial challenges, which have influenced its healthcare benefits offerings. The company has aimed to maintain basic healthcare coverage for its employees despite ongoing restructuring efforts. This includes providing access to medical, dental, and vision plans, although the specifics of these benefits and any enhancements over the past years have been less prominently highlighted compared to the broader financial strategies and operational changes. The focus on financial stability and cost reduction remains critical for Transformco as it seeks to ensure the viability of its employee benefits programs amid economic uncertainties.