The truth behind the 401k match has to do with greed more than financial performance. The topic was again avoided at the Employee Town Hall and for good reason. Per the IRS, the maximum match that can be made is $20,500 or $27,000 for those over 55. JES and other execs would not benefit from a 401k match as well as they would from the cash balance account which is currently paying 13% for them. Assuming his generous salary of $14M that would mean he would receive $1.82M under the cash balance plan or a mere $27K with the company 401k match. The choice is obvious for him and the upper echelon.
The cash balance account is not overfunded as a result of outstanding investment performance. This is the same investment group that dumped over $1B into LearnVest and lost everything. The plan is overfunded due to the mass exodus of employees with less than 3 years and not being vested. Those funds could not be re-appropriated and needed to be distributed back to plan participants.