-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Wdj2mRBTk+83w7GD04d1eqoullrqedmGgY91L12xo6oXNxiXuRzZ8xwAZK22rxI5 RywI50CQo5dq2AxKwt/T9w== 0001193125-09-140640.txt : 20090629 0001193125-09-140640.hdr.sgml : 20090629 20090629161728 ACCESSION NUMBER: 0001193125-09-140640 CONFORMED SUBMISSION TYPE: 11-K PUBLIC DOCUMENT COUNT: 4 CONFORMED PERIOD OF REPORT: 20081231 FILED AS OF DATE: 20090629 DATE AS OF CHANGE: 20090629 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CASUAL MALE RETAIL GROUP INC CENTRAL INDEX KEY: 0000813298 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-FAMILY CLOTHING STORES [5651] IRS NUMBER: 042623104 STATE OF INCORPORATION: DE FISCAL YEAR END: 0131 FILING VALUES: FORM TYPE: 11-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-34219 FILM NUMBER: 09916450 BUSINESS ADDRESS: STREET 1: 555 TURNPIKE STREET CITY: CANTON STATE: MA ZIP: 02021 BUSINESS PHONE: 7818215900 MAIL ADDRESS: STREET 1: 555 TURNPIKE STREET CITY: CANTON STATE: MA ZIP: 02021 FORMER COMPANY: FORMER CONFORMED NAME: DESIGNS INC DATE OF NAME CHANGE: 19920703 11-K 1 d11k.htm FORM 11-K Form 11-K
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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

 

FORM 11-K

 

 

(Mark one)

x ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the fiscal year ended December 31, 2008

or

 

¨ TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the transition period from                      to                     

Commission File Number 0-15898

 

 

CASUAL MALE RETAIL GROUP, INC. 401(K) HOURLY SAVINGS PLAN

(Full title of the plan)

CASUAL MALE RETAIL GROUP, INC.

555 Turnpike Street

Canton, Massachusetts 02021

(Name of issuer of the securities held pursuant to the plan and the address

of its principal executive office)

 

 

 


Table of Contents

Casual Male Retail Group 401(k) Hourly Savings Plan

Financial Statements and Supplemental Schedule

Year ended December 31, 2008

Table of Contents

 

Reports of Independent Registered Public Accounting Firms

   1-2

Statements of Net Assets Available for Benefits as of December 31, 2008 and 2007

   3

Statement of Changes in Net Assets Available for Benefits For the Year Ended December 31, 2008

   4

Notes to Financial Statements

   5-13

Supplementary Schedule

   14

Schedule H, Line 4i – Schedule of Assets Held for Investment Purposes
at End of Year (December 31, 2008)

   15


Table of Contents

Report of Independent Registered Public Accounting Firm

To Plan Administrator and Participants

Casual Male Retail Group, Inc.

401(k) Hourly Savings Plan

We have audited the accompanying statement of net assets available for benefits of the Casual Male Retail Group, Inc. 401 (k) Hourly Savings Plan as of December 31, 2008, and the related statement of changes in net assets available for benefits for the year then ended. These financial statements are the responsibility of the Plan's management. Our responsibility is to express an opinion on these financial statements based on our audit.

We conducted our audit in accordance with standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion.

In our opinion, the 2008 financial statements referred to above present fairly, in all material respects, the net assets available for benefits of the Plan as of December 31, 2008 and the changes in its net assets available for benefits for the year then ended, in conformity with accounting principles generally accepted in the United States of America.

Our audit was performed for the purpose of forming an opinion on the financial statements taken as a whole. The accompanying supplemental schedule of assets held for investment purposes at end of year (December 31, 2008) is presented for the purpose of additional analysis and is not a required part of the financial statements but is supplementary information required by the Department of Labor's Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974. This supplemental schedule is the responsibility of the Plan's management. This supplemental schedule has been subjected to the auditing procedures applied in our audit of the financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole.

 

/s/ MHM Mahoney Cohen CPAs
(The New York Practice of Mayer Hoffman McCann P.C.)

New York, New York

June 29, 2009

 

1


Table of Contents

Report of Independent Registered Public Accounting Firm

To Plan Administrator and Participants

Casual Male Retail Group, Inc.

401(k) Hourly Savings Plan

We have audited the accompanying statement of net assets available for benefits of the Casual Male Retail Group, Inc. 401 (k) Hourly Savings Plan as of December 31, 2007. This financial statement is the responsibility of the Plan's management. Our responsibility is to express an opinion on this financial statement based on our audit.

We conducted our audit in accordance with standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion.

In our opinion, the 2007 financial statement referred to above presents fairly, in all material respects, the net assets available for benefits of the Plan as of December 31, 2007, in conformity with accounting principles generally accepted in the United States of America.

 

/s/ Mahoney Cohen & Company, CPA, P.C.

New York, New York

June 26, 2008

 

2


Table of Contents

Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan

Statements of Net Assets Available for Benefits

December 31, 2008 and 2007

 

     December 31,
     2008    2007

Assets

     

Investments, at fair value (Note 2 and 3)

Participant loans receivable

   $

 

10,098,840

320,006

   $

 

13,385,139

307,233

             

Total investments at fair value (Note 5)

     10,418,846      13,692,372

Employer contributions receivable

     215,120      171,636
             

Net assets reflecting all investments at fair value

     10,633,966      13,864,008

Adjustment from fair value to contract value for fully benefit-responsive investment contracts

     140,316      16,597
             

Net assets available for benefits

   $ 10,774,282    $ 13,880,605
             

See accompanying notes to financial statements.

 

3


Table of Contents

Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan

Statement of Changes in Net Assets Available for Benefits

Year ended December 31, 2008

 

Additions to net assets attributed to:

  

Contributions:

  

Employee

   $ 517,607   

Employer

     216,949   
        
     734,556   

Transfers into the Plan (Note 1)

     89,030   
        

Total additions

     823,586   

Deductions from net assets attributed to:

  

Investment loss:

  

Net depreciation in fair value of investments (Note 3)

     3,086,188   

Interest and dividend income

     (421,765
        

Total investment loss

     2,664,423   

Benefits paid directly to participants

     1,209,900   

Transfers out of the Plan (Note 1)

Administrative fees

    

 

36,586

19,000

  

  

        

Total deductions

     3,929,909   
        

Net decrease

     (3,106,323

Net assets available for benefits at beginning of year

     13,880,605   
        

Net assets available for benefits at end of year

   $ 10,774,282   
        

See accompanying notes to financial statements.

 

4


Table of Contents

Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan

Notes to Financial Statements

Note 1- Description of the Plan

The following description of Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan (the “Plan”) provides only general information. Participants should refer to the Plan document for a more complete description of the Plan’s provisions.

General

The Plan is a defined contribution plan covering eligible employees of the Casual Male Retail Group, Inc. (the “Company”). The Plan is subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA).

Eligibility

All regular, full-time (as defined in the Plan) employees, excluding salaried employees, of the Company who have completed one year of employment and are at least 21 years of age are eligible to participate in the Plan. After completing age and service requirements, the employee can enter the Plan on the first day of any subsequent month.

As participants change positions at the Company, they may change from an hourly to salary status or vice versa. Assets transferred to the Casual Male Retail Group, Inc. 401(k) Salaried Savings Plan during the year ended December 31, 2008 were $36,586. Assets transferred from the Casual Male Retail Group Inc. 401(k) Salaried Savings Plan during the year ended December 31, 2008 were $89,030.

Contributions

Each year, participants may contribute from 1% to 80% of pretax annual compensation as defined in the Plan, subject to the provisions of ERISA. Participants may also contribute amounts representing distributions from other qualified defined benefit or defined contribution plans.

Effective January 1, 2008, the Plan approved and adopted the Safe Harbor Matching provisions permitted under the Pension Protection Act of 2006. For the year ended December 31, 2008, the Company contributed a match equal to the sum of ( i ) 100% of the participant’s elective deferral for the first 1% of compensation plus ( ii ) 50% of the participant’s elective deferral for the next 5% of compensation.

 

5


Table of Contents

Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan

Notes to Financial Statements

Note 1- Description of the Plan (continued)

Automatic Enrollment

Effective January 1, 2008, the Plan was amended for automatic enrollment. Under this provision, each employee who has satisfied the eligibility requirement as of January 1, 2009 shall be automatically enrolled and shall have an amount equal to 3% of their compensation automatically deducted unless the employee affirmatively elects a different elective deferral contribution percent (including a zero percent election). Unless an eligible employee affirmatively elects not to contribute or changes it’s deferral rate, the pre-tax deferral will increase annually by 1% not to exceed 10%.

Participants’ Accounts

Each participant’s account is credited with the participant’s contributions, the Company’s matching contribution, plan earnings and an allocation of plan expenses. The benefit to which a participant is entitled is the benefit that can be provided from the participant’s account.

Forfeitures

Amounts forfeited under the Plan are used to reduce future employer contributions and administrative expenses. At December 31, 2008 and 2007, forfeited non-vested accounts totaled $1,770 and $6,888, respectively.

Vesting

Participants are immediately vested in their contributions plus actual earnings thereon. Vesting in the Company contribution portion of their accounts plus actual earnings thereon is based on years of continuous service. Effective January 1, 2008 a participant is 100% vested after two years of credited service.

Investment Options

Upon enrollment in the Plan, a participant may direct their elective contribution and Company contributions into various investment options offered by the Plan.

Participants may change their investment options at any time.

 

6


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Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan

Notes to Financial Statements

Note 1- Description of the Plan (continued)

Participant Loans

Participants may borrow the lesser of $50,000 reduced by the individual’s highest outstanding loan balance during the preceding twelve months or 50% of the individual’s vested balance with a minimum of $1,000 per loan. Loan transactions are treated as a transfer to / (from) the investment fund from / (to) the Participant Loans fund. Loans are secured by the balance in the participant’s account. Loan terms range from one to five years unless the loan is used to purchase a primary residence, in which case the loan may be repaid over a ten-year period. Other restrictions, as specified in the Plan agreement, may apply to a participant’s loan transaction. Interest rates range from 4.75% to 9.25% at December 31, 2008. Principal and interest is paid ratably through payroll deductions.

Plan Expenses

In accordance with the Plan, all administrative expenses may be paid out of the Plan unless paid by the Company. During 2008, certain administrative expenses were paid by the Company.

Payment of Benefits

On termination of service for any reason, a participant shall receive a lump-sum amount equal to the value of the participant’s vested interest in his or her account, if the vested interest is $5,000 or less. If the participant’s vested interest is over $5,000, the participant may elect to receive payment in a lump-sum amount or installments paid over a certain number of years selected by the participant.

Plan Termination

Although it has not expressed any intent to do so, the Company has the right under the Plan to discontinue its contributions at any time and to terminate the Plan subject to the provisions of ERISA. In the event of a plan termination, participants will become 100% vested in their accounts.

Note 2- Summary of Significant Accounting Policies

Basis of Accounting

The financial statements have been prepared on the accrual basis of accounting.

 

7


Table of Contents

Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan

Notes to Financial Statements

Note 2- Summary of Significant Accounting Policies (continued)

Basis of Accounting (continued)

The Fidelity Advisor Stable Value Fund invests in fully benefit-responsive investment contracts which are reported at fair value (see Note 5); however, contract value is the relevant measurement attribute for that portion of the net assets available for benefits attributable to fully benefit-responsive investment contracts because contract value is the amount participants would receive if they were to initiate permitted transactions under the terms of the plan. The Statement of Net Assets Available for Benefits presents the fair value of the investment contracts as well as the adjustment of the fully benefit-responsive investment contracts from fair value to contract value. The Statement of Changes in Net Assets Available for Benefits is prepared on a contract value basis.

Investment Valuation

Investments are stated at fair value. Fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date (an exit price). See Note 5 for further discussion of fair value measurement.

Purchases and sales of securities are recorded on a trade-date basis. Interest income is recorded on the accrual basis. Dividends are recorded on the ex-dividend date. Net depreciation includes the plan’s gains and losses on investments bought and sold as well as held during the year.

Use of Estimates

The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and changes therein and disclosure of contingent assets and liabilities. Actual results could differ from those estimates.

Payment of Benefits

Benefits are recorded when paid.

Note 3- Investments

During 2008, the Plan’s investments (including investments purchased, sold as well as held during the year) depreciated in fair value as follows:

 

8


Table of Contents

Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan

Notes to Financial Statements

Note 3- Investments (continued)

 

     Net Depreciation
in Fair Value of

Investments
 

Mutual funds

   $ (3,013,844

Common Stock

     (72,344
        
   $ (3,086,188
        

Investments that represent 5% or more of the Plan’s net assets available for benefits are as follows:

 

      December 31,  
     2008      2007  

Fidelity Advisor Stable Value Fund *

   $ 5,256,939    48.8    $ 4,191,172    30.2

Fidelity Advisor Freedom 2005

     820,916    7.6      1,328,868    9.6

Fidelity Advisor Freedom 2010

     702,398    6.5      1,335,704    9.6

JP Morgan Equity Index

     798,835    7.4      1,413,481    10.2

T Rowe Price Growth Stock

     —      —           713,995    5.1
                           
   $ 7,579,088    70.3    $ 8,983,220    64.7
                           
* The amount represents contract value for this investment.

Note 4- Non Participant Directed Investments

Information about the net assets and the significant components of the changes in net assets relating to the non participant directed investments are as follows:

Net Asset:

 

     December 31,
     2008    2007

Fidelity Advisor Stable Value Fund

   $ 1,466    $ 5,488

Fidelity Advisor Freedom 2010

     304      1,400
             
   $ 1,770    $ 6,888
             

Change in net Assets:

 

      Year Ended
December 31, 2008
 

Interest and dividend income

   $ 87   

Current year forfeitures

     1,458   

Forfeitures used for employer match

     (6,663
        
   $ (5,118
        

 

9


Table of Contents

Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan

Notes to Financial Statements

Note 5- Fair Value Measurements

Effective January 1, 2008, the Plan adopted FASB Statement No. 157, Fair Value Measurements, which establishes a framework for measuring fair value. That framework provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (level 1 measurements) and the lowest priority to unobservable inputs (level 3 measurements). The three levels of the fair value hierarchy under FASB Statement No. 157 are described as follows:

 

Level 1 Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that the plan has the ability to access.

 

Level 2 Inputs to the valuation methodology include
   

Quoted prices for similar assets or liabilities in active markets;

   

Quoted prices for identical or similar assets or liabilities in inactive markets;

   

Inputs other than quoted prices that are observable for the asset or liability;

   

Inputs that are derived principally from or corroborated by observable market data by correlation or other means.

If the asset or liability has a specified (contractual) term, the level 2 input must be observable for substantially the full term of the asset or liability.

 

Level 3 Inputs to the valuation methodology are unobservable and significant to the fair value measurement.

The asset or liability’s fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs.

Following is a description of the valuation methodologies used for assets measured at fair value. There have been no changes in the methodologies used at December 31, 2008 and 2007.

Common stocks: Valued at the closing price reported on the active market on which the individual securities are traded.

 

10


Table of Contents

Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan

Notes to Financial Statements

Note 5- Fair Value Measurements (continued)

Mutual funds: Valued at the net asset value (NAV) of shares held by the plan at year end.

Participant loans: Valued at amortized cost, which approximates fair value.

Fidelity Advisor Stable Value Fund: Valued at fair value by discounting the related cash flows based on current yields of similar instruments with comparable durations considering the credit-worthiness of the issuer of the specific instruments of the fund at year-end.

The preceding methods described may produce a fair value calculation that may not be indicative of net realizable value or reflective of future fair values. Furthermore, although the plan believes its valuation methods are appropriate and consistent with other market participants, the use of different methodologies or assumptions to determine the fair value of certain financial instruments could result in a different fair value measurement at the reporting date.

The following table sets forth by level, within the fair value hierarchy, the plan’s assets at fair value as of December 31, 2008.

Assets at Fair Value as of December 31, 2008

 

     Level 1    Level 2    Level 3    Total

Mutual Funds

   $ 4,946,061    $ —      $ —      $ 4,946,061

Common Stocks

     36,156      —        —        36,156

Common Collective Trusts

     —        5,116,623      —        5,116,623

Participant Loans

     —        —        320,006      320,006
                           

Total assets at fair value

   $ 4,982,217    $ 5,116,623    $ 320,006    $ 10,418,846
                           

 

11


Table of Contents

Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan

Notes to Financial Statements

Note 5- Fair Value Measurements (continued)

The following table sets forth a summary of changes in the fair value of the plan’s level 3 assets for the year ended December 31, 2008.

 

     Participant loans

Balance, beginning of year

   $ 307,233

Purchases, sales, issuances, and settlements (net)

     12,773
      

Balance, end of year

   $ 320,006
      

Note 6- Risks and Uncertainties

The Plan invests in various investment securities. Investment securities are exposed to various risks such as interest rate, market and credit risks. Due to the level of risk associated with certain investment securities, it is at least reasonably possible that changes in the values of investment securities will occur in the near term and that such changes could materially affect participants’ account balances and the amounts reported in the Statements of Net Assets Available for Benefits.

Note 7- Income Tax Status

The underlying non-standardized prototype plan has received an opinion letter from the Internal Revenue Service (IRS) dated August 9, 2002 stating that the form of the plan is qualified under Section 401 of the Internal Revenue Code (the “Code”) and, therefore, the related trust is tax-exempt. In accordance with Revenue Procedure 2002-6 and Announcement 2001-77, the Plan Sponsor has determined that it is eligible to and has chosen to rely on the current IRS prototype plan opinion letter. Once qualified, the Plan is required to operate in conformity with the Code to maintain its qualification The Plan has been amended since receiving the determination letter. However, the plan administrator believes the Plan is being operated in compliance with the applicable requirements of the Code and, therefore, believes that the Plan is qualified and the related trust is tax-exempt.

 

12


Table of Contents

Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan

Notes to Financial Statements

Note 8- Reconciliation of Financial Statement to Form 5500

The following is a reconciliation of net assets available for benefits according to the financial statements to Form 5500 December 31, 2008 and 2007:

 

     2008     2007  

Net assets available for benefits per the financial statements

   $ 10,774,282      $ 13,880,605   

Less: Adjustment from fair value to contract value for fully benefit-responsive investment contract

     (140,316     (16,597
                

Net assets available for benefits per Form 5500

   $ 10,633,966      $ 13,864,008   
                

The following is a reconciliation of net depreciation in fair value of investments and interest and dividend income for the year ended December 31, 2008 per the financial statements to Form 5500:

 

Net depreciation in fair value of investments and interest and dividend income per the financial statements

   $ (2,664,423

Add: Adjustment from fair value to contract value for fully benefit-responsive investment contracts in 2008

     (140,316

Less: Adjustment from fair value to contract value for fully benefit-responsive investment contracts in 2007

     16,597   
        

Net depreciation in fair value of investments and interest and dividend income per Form 5500

   $ (2,788,142
        

Note 9- Subsequent Event

Effective May 31, 2009, the Company has cancelled the Safe Harbor Matching contribution. While there is no immediate intent to match the participant’s deferrals beyond the pay period ending May 31, 2009, the Company retains the right to make a discretionary matching contribution.

 

13


Table of Contents

Supplemental Schedule

 

14


Table of Contents

Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan

EIN: 04-2623104/Plan Number: 005

Schedule H, Line 4i – Schedule of Assets Held For Investment Purposes at

End of Year

(December 31, 2008)

 

Identity of Issue,

Borrower, Lessor,

or Similar Party

  

Description of investment including

maturity date, rate of interest,

collateral, par, or maturity value

   Shares/Units    Current Value

Commingled funds held through Fidelity Investments:

        
  

* Fidelity Advisor Stable Value Fund (1)

   5,256,939    $ 5,116,623

Mutual funds held through Fidelity Investments:

  

Cash – interest bearing

   —        1,202
  

* Fidelity Advisor Leveraged Company Stock

   4,056      70,697
  

* Fidelity Advisor High Income Adv.

   696      3,957
  

* Fidelity Advisor Strategic Income

   1,225      11,965
  

* Fidelity Advisor Freedom 2010 (2)

   81,485      702,398
  

* Fidelity Advisor Freedom 2020

   18,274      156,425
  

* Fidelity Advisor Freedom 2030

   3190      26,857
  

* Fidelity Advisor Freedom 2040

   4,275      35,827
  

* Fidelity Advisor Freedom 2005

   96,806      820,916
  

* Fidelity Advisor Freedom 2015

   39,611      337,087
  

* Fidelity Advisor Freedom 2025

   3,743      30,357
  

* Fidelity Advisor Freedom 2035

   1,325      10,464
  

* Fidelity Advisor Freedom 2045

   748      4,850
  

* Fidelity Advisor Freedom 2050

   462      2,924
  

Federated Bond Fund

   48,311      357,021
  

Columbia Acorn USA

   4,019      63,907
  

First America Midcap Value

   1,569      24,573
  

Columbia Acorn International

   13,509      311,116
  

Columbia Small Cap Val II

   4,194      36,862
  

JP Morgan Equity Index

   38,930      798,835
  

Columbia Acorn A

   14,539      250,366
  

Goldman Sachs Large Cap Value

   45,856      392,531
  

Alliance Bernstein International Value

T Rowe Price Growth Stock

   6,571

22,475

    

 

67,678

427,246

Common Stock held through Fidelity Investments:

  

*Casual Male Retail Group, Inc

   69,531      36,156

*Participant loans

  

4.75% - 9.25%

        320,006
            
         $ 10,418,846
            

 

* Indicates party-in-interest to the Plan.
(1) Includes $1,466 of nonparticipant-directed, unallocated forfeitures for which historical cost approximates to current value.
(2) Includes $304 of nonparticipant-directed, unallocated forfeitures for when historical cost approximates to current value.

 

15


Table of Contents

Index to Exhibits

 

23.1    Consent of Independent Registered Public Accounting Firm
23.2    Consent of Independent Registered Public Accounting Firm
32.1    Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes –Oxley Act of 2002

 

16


Table of Contents

Signatures

The Plan. Pursuant to the requirements of the Securities Exchange Act of 1934, the trustees (or other persons who administer the employee benefit plan) have duly caused this annual report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Casual Male Retail Group, Inc. 401(k) Hourly

Savings plan

By:  

/s/ Dennis R. Hernreich

  Dennis R. Hernreich, Executive Vice President, Chief Financial Officer and Chief Operating Officer of Casual Male Retail Group, Inc., the Plan Administrator

June 29, 2009

 

17

EX-23.1 2 dex231.htm CONSENT OF MHM MAHONEY COHEN CPAS Consent of MHM Mahoney Cohen CPAs

Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the Registration Statement (Form S-8, Reg. No. 333-112218) of Casual Male Retail Group, Inc. of our report dated June 29, 2009, with respect to the financial statements and schedule of the Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan included in this Annual Report (Form 11-K) for the year ended December 31, 2008.

/s/ MHM Mahoney Cohen CPAs

(The New York Practice of Mayer Hoffman McCann P.C.)

New York, New York

June 29, 2009

EX-23.2 3 dex232.htm CONSENT OF MAHONEY COHEN & COMPANY CPA PC Consent of Mahoney Cohen & Company CPA PC

Exhibit 23.2

Consent of Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the Registration Statement (Form S-8, Reg. No. 333-112218) of Casual Male Retail Group, Inc. of our report dated June 26, 2008, with respect to the statement of net assets available for benefits as of December 31, 2007 of the Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan included in this Annual Report (Form 11-K) for the year ended December 31, 2008.

/s/ Mahoney Cohen & Company, CPA P.C.

New York, New York

June 29, 2009

EX-32.1 4 dex321.htm SECTION 906 CFO CERTIFICATION Section 906 CFO Certification

Exhibit 32.1

Certification Pursuant to

18 U.S.C. Section 1350,

As Adopted Pursuant to Section 906

Of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report on Form 11-K of the Casual Male Retail Group, Inc. 401(k) Hourly Saving Plan (the “Plan”) for the period ending December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Dennis R. Hernreich, Executive Vice President, Chief Financial Officer and Chief Operating Officer of Casual Male Retail Group, Inc., the Plan Administrator, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

  (1) The Report fully complies with the requirements of Section 15(d) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”); and

 

  (2) The information contained in the Report fairly presents, in all material respects, the net assets available for benefits, and changes in net assets available for benefits of the Plan.

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Casual Male Retail Group, Inc. and will be retained by Casual Male Retail Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

 

/s/ Dennis R. Hernreich

Dennis R. Hernreich

Executive Vice President, Chief Financial Officer, Chief Operating Officer of Casual Male Retail Group, Inc., the Plan Administrator

June 29, 2009

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