Form 11-K
Table of Contents

 

 

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, 2009

or

 

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

For the transition period from                      to                     

Commission File Number 01-34219

 

 

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, 2009

Table of Contents

 

Report of Independent Registered Public Accounting Firm

   1

Statements of Net Assets Available for Benefits as of December 31, 2009 and 2008

   2

Statement of Changes in Net Assets Available for Benefits For the Year Ended December 31, 2009

   3

Notes to Financial Statements

   4-13

Supplementary Schedule

   14

Schedule H, Line 4i – Schedule of Assets Held for Investment Purposes at End of Year (December 31, 2009)

   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 statements of net assets available for benefits of the Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan as of December 31, 2009 and 2008, and the related statement of changes in net assets available for benefits for the year ended December 31, 2009. 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 audits.

We conducted our audits in accordance with standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audits 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 audits provide a reasonable basis for our opinion.

In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for benefits of the Plan as of December 31, 2009 and 2008 and the changes in its net assets available for benefits for the year ended December 31, 2009, 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, 2009) 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/ Mayer Hoffman McCann CPAs
(The New York Practice of Mayer Hoffman McCann P.C.)

New York, New York

June 29, 2010

 

1


Table of Contents

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

Statements of Net Assets Available for Benefits

December 31, 2009 and 2008

 

     December 31,
     2009    2008

Assets

     

Investments, at fair value (Note 3 and 4)

   $ 10,772,580    $ 10,098,840

Participant loans receivable

     346,581      320,006
             

Total investments at fair value (Note 5)

     11,119,161      10,418,846

Employee contributions receivable

     18,646      —  

Employer contributions receivable

     84,639      215,120
             

Net assets reflecting all investments at fair value

     11,222,446      10,633,966

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

     5,724      140,316
             

Net assets available for benefits

   $ 11,228,170    $ 10,774,282
             

See accompanying notes to financial statements.

 

2


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

Statement of Changes in Net Assets Available for Benefits

For the Year ended December 31, 2009

 

Additions to net assets attributed to:

  

Contributions:

  

Employee

   $ 432,870

Employer

     84,740
      
     517,610

Investment income:

  

Net appreciation in fair value of investments (Note 3)

     1,468,780

Interest and dividend income

     226,155
      
     1,694,935

Transfers into the Plan (Note 1)

     128,869
      

Total additions

     2,341,414

Deductions from net assets attributed to:

  

Benefits paid directly to participants

     1,272,537

Transfers out of the Plan (Note 1)

     590,380

Administrative fees

     24,609
      

Total deductions

     1,887,526
      

Net increase

     453,888

Net assets available for benefits at beginning of year

     10,774,282
      

Net assets available for benefits at end of year

   $ 11,228,170
      

See accompanying notes to financial statements.

 

3


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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 hourly employees of the Company who have completed one year of employment, worked 1,000 hours in one year, and 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, 2009 were $590,380. Assets transferred from the Casual Male Retail Group Inc. 401(k) Salaried Savings Plan to the Casual Male Retail Group, Inc. 401 (k) Hourly Savings Plan during the year ended December 31, 2009 were $128,869.

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. Effective May 31, 2009, the Company 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. For the period January 1, through May 31, 2009, 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.

 

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

Notes to Financial Statements—(Continued)

 

Note 1 - Description of the Plan (continued)

 

Automatic Enrollment

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 participant’s account is credited with the participant’s contributions, the Company’s matching and discretionary 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, 2009 and 2008, forfeited non-vested accounts totaled $1,039 and $1,770, 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. 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.

 

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

Notes to Financial Statements—(Continued)

 

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, 2009. 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 2009, there were no expenses paid by the Company.

Payment of Benefits

Distribution can be made if requested due to disability, retirement, or termination of employment. 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.

Beneficiaries may request a distribution of vested Account balance in the event of death. The Account balance will continue to increase or decrease, as appropriate, based on the investment returns until it is distributed.

Distribution can be deferred to a later date, however, it cannot be postponed if the vested Account balance is $5,000 or less; in which case the Plan Administrator will direct the Trustee that any amount exceeding $1,000 be distributed to an Individual Retirement Account or Annuity (“IRA”). If the vested Account balance is $1,000 or less, the Plan Administrator will direct the Trustee to distribute it as a Casual Male Retail Group, Inc. 401(k) Hourly Savings Plan lump sum distribution without the participant’s consent. Prior to such distribution, participants still have the right to request that the amount be distributed directly to them in the form of a lump sum payment or to request that it be

 

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

Notes to Financial Statements—(Continued)

 

Note 1 - Description of the Plan (continued)

 

rolled-over to a different IRA provider or another retirement plan eligible to receive rollover contributions.

If the participant fails to request a different treatment of an automatic distribution under the Plan’s Cash-Out Provision, the distribution will be paid over to an IRA provider chosen by the Plan Administrator and invested in a product designed to preserve the principal of that distribution while still providing a reasonable rate of return and preserving liquidity. The fees assessed against this newly established IRA by its provider will be paid 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

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.

 

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

Notes to Financial Statements—(Continued)

 

Note 2 - Summary of Significant Accounting Policies (continued)

 

Investment Valuation and Income Recognition

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 appreciation 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.

Recent Accounting Pronouncement

In January 2010, Financial Accounting Standards Board (“FASB”) issued Accounting Standards Update (“ASU”) 2010-06, Improving Disclosures about Fair Measurements, which provides amendments to subtopic 820-10 that require separate disclosure of significant transfers in and out of Level 1 and Level 2 fair value measurements and the presentation of separate information regarding purchases, sales, issuances and settlements for Level 3 fair value measurements. Additionally, ASU 2010-06 provides amendments to subtopic 820-10 that clarify existing disclosures about the level of disaggregation and inputs and valuation techniques. ASU 2010-06 is effective for financial statements issued for interim and annual periods ending after December 15, 2009, except for the disclosures about purchases, sales, issuances and settlements in the rollforward of activity in Level 3 fair value measurements, which are effective for interim and annual periods ending after December 15, 2010. The Plan is currently evaluating the impact of ASU 2010-06 on its financial statements.

 

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

Notes to Financial Statements—(Continued)

 

Note 3- Investments

During 2009, the Plan’s investments (including investments purchased, sold as well as held during the year) appreciated in fair value as follows:

 

     Net Appreciation
in Fair Value of
Investments

Mutual funds

   $ 1,325,636

Common Stock

     143,144
      
   $ 1,468,780
      

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

 

     December 31,  
     2009     2008  

Fidelity Advisor Stable Value Fund *

   $ 4,380,364    39.0   $ 5,256,939    48.8

Fidelity Advisor Freedom 2005

     957,083    8.5     820,916    7.6

Fidelity Advisor Freedom 2010

     792,838    7.1     702,398    6.5

JP Morgan Equity Index

     955,472    8.5     798,835    7.4

T. Rowe Price Growth Stock

     615,158    5.5     —      —     
                          
   $ 7,700,915    68.6   $ 7,579,088    70.3
                          
* 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:

 

     2009    2008

Net Assets:

     

Fidelity Advisor Stable Value Fund

   $ 1,039    $ 1,466

Fidelity Advisor Freedom 2010

     —        304
             
   $ 1,039    $ 1,770
             

 

     Year Ended
December 31, 2009
 

Change in net Assets:

  

Interest and dividend income

   $ 13   

Current year forfeitures

     614   

Forfeitures used for employer match

     (1,358
        
   $ (731
        

 

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

Notes to Financial Statements—(Continued)

 

Note 5- Fair Value Measurements

The Plan measures fair value in accordance with the FASB’s Accounting Standards Codification (“ASC”) 820, Fair Value Measurements and Disclosures, which 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 ASC 820 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, 2009 and 2008.

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

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

 

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

Notes to Financial Statements—(Continued)

 

Note 5- Fair Value Measurements (continued)

 

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, 2009 and 2008:

 

     Assets at Fair Value as of December 31, 2009
     Level 1    Level 2    Level 3    Total

Mutual Funds

   $ 6,298,404    $ —      $ —      $ 6,298,404

Common Stock

     99,536      —        —        99,536

Fidelity Advisor Stable Value Fund

     —        4,374,640      —        4,374,640

Participant Loans

     —        —        346,581      346,581
                           

Total assets at fair value

   $ 6,397,940    $ 4,374,640    $ 346,581    $ 11,119,161
                           

 

     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 Stock

     36,156      —        —        36,156

Fidelity Advisor Stable Value Fund

     —        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
                           

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, 2009:

 

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

Notes to Financial Statements—(Continued)

Note 5- Fair Value Measurements (continued)

 

     Participant loans

Balance, beginning of year

   $ 320,006

Purchases, sales, issuances, and settlements (net)

     26,575
      

Balance, end of year

   $ 346,581
      

Note 6 - Related Party Transactions

The Plan owned 42,270 and 69,531 shares of Casual Male Retail Group, Inc. valued at $99,536 and $36,156 at December 31, 2009 and 2008, respectively. Additionally, certain Plan investments are shares of mutual funds and units in the Fidelity Advisor Stable Value Fund managed by Fidelity Management Trust Company who is the Trustee as defined by the Plan, and therefore, these transactions qualify as party-in-interest transactions.

Note 7 - 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 8 - Income Tax Status

The underlying non-standardized prototype plan has received an opinion letter from the Internal Revenue Service (IRS) dated March 31, 2008 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 opinion 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.

 

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

Notes to Financial Statements—(Continued)

 

Note 9- 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, 2009 and 2008:

 

     2009     2008  

Net assets available for benefits per the financial statements

   $ 11,228,170      $ 10,774,282   

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

     (5,724     (140,316
                

Net assets available for benefits per Form 5500

   $ 11,222,446      $ 10,633,966   
                

The following is a reconciliation of net appreciation in fair value of investments and interest and dividend income for the year ended December 31, 2009 per the financial statements to Form 5500:

 

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

   $ 1,694,935   

Add: Adjustment from fair value to contract value for fully benefit-responsive investment contracts in 2009

     (5,724

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

     140,316   
        

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

   $ 1,829,527   
        

 

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Supplementary Schedule

 

14


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Supplemental Schedule

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, 2009)

 

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)

   4,380,364    $ 4,374,640

Mutual funds held through Fidelity Investments:

        
  

Cash – interest bearing

   —        1,231
  

* Fidelity Advisor Leveraged Company Stock

   3,545      98,294
  

* Fidelity Advisor High Income Adv.

   734      6,621
  

* Fidelity Advisor Strategic Income

   4,724      57,297
  

* Fidelity Advisor Freedom 2010

   75,293      792,838
  

* Fidelity Advisor Freedom 2020

   38,589      416,760
  

* Fidelity Advisor Freedom 2030

   4,002      43,338
  

* Fidelity Advisor Freedom 2040

   4,904      53,452
  

* Fidelity Advisor Freedom 2005

   93,283      957,083
  

* Fidelity Advisor Freedom 2015

   34,190      357,626
  

* Fidelity Advisor Freedom 2025

   5,978      61,867
  

* Fidelity Advisor Freedom 2035

   3,031      30,943
  

* Fidelity Advisor Freedom 2045

   2,437      20,568
  

* Fidelity Advisor Freedom 2050

   3,422      28,368
  

Federated Bond Fund

   43,097      377,533
  

Columbia Acorn USA

   3,533      79,253
  

First America Midcap Value

   1,718      34,249
  

Columbia Acorn International

   13,658      466,158
  

Columbia Small Cap Val II

   3,495      38,197
  

JP Morgan Equity Index

   37,736      955,472
  

Columbia Acorn

   13,763      330,025
  

Goldman Sachs Large Cap Value

   35,266      373,111
  

Alliance Bernstein International Value

   7,543      102,962
  

T Rowe Price Growth Stock

   22,691      615,158

Common Stock held through Fidelity Investments:

  

* Casual Male Retail Group, Inc.

   42,720      99,536

* Participant loans

  

4.75% - 9.25%

        346,581
            
         $ 11,119,161
            

 

* Indicates party-in-interest to the Plan.
(1) Includes $1,039 of nonparticipant-directed, unallocated forfeitures for which historical cost approximates to current value.

 

15


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Index to Exhibits

 

23.1    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


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, 2010

Consent of Independent Registered Accounting Firm

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, 2010, 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, 2009.

 

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

New York, New York

June 29, 2010

Certification pursuant to 18 U.S.C. Section 1350, pursuant to Section 906

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, 2009 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, 2010