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)
Casual Male Retail Group 401(k) Hourly Savings Plan
Financial Statements and Supplemental Schedule
Year ended December 31, 2008
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 | |
5-13 | ||
14 | ||
15 |
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
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
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
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
Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan
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 Plans 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 participants elective deferral for the first 1% of compensation plus ( ii ) 50% of the participants elective deferral for the next 5% of compensation.
5
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 its deferral rate, the pre-tax deferral will increase annually by 1% not to exceed 10%.
Participants Accounts
Each participants account is credited with the participants contributions, the Companys 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 participants 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
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 individuals highest outstanding loan balance during the preceding twelve months or 50% of the individuals 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 participants 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 participants 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 participants vested interest in his or her account, if the vested interest is $5,000 or less. If the participants 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
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 plans 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 Plans investments (including investments purchased, sold as well as held during the year) depreciated in fair value as follows:
8
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 Plans 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
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 liabilitys 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
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 plans 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
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 plans 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
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 participants deferrals beyond the pay period ending May 31, 2009, the Company retains the right to make a discretionary matching contribution.
13
14
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
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
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
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
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
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