Non-Qualified Deferred Compensation (NQDC) Plans
An Employer Retirement, Savings, or Deferred Compensation Plan
* Does Not Meet The Tax & ERISA Requirements of Qualified Plans (401k’s for example)
* Assets Not Protected Nor Required to be Set Aside
* No Employer Annual Contributions to a Trust Required
* Designed to benefit individuals who do not satisfy requirements for participating in qualified plan
* Employer makes promise to pay an employee a certain benefit sometime in the future
Two Types of (NQDC):
Excess Benefit Plan (EBP) (Combines with a Qualified Plan)
Supplemental Employee Retirement Plans (SERP)
(Qualified Plan Not Needed)
Benefits of (NQDC)
* Avoid the Limitations present on “Highly Compensated Employees” of qualified plans
* Employer Avoids many compliance tests
* Lack of Annual Contribution requirements by Employer allows Cash to be Used for Other Business Objectives
* Provide a Powerful tool for recruiting and retaining executive talent -via more generous benefits
* Allows Employer to Consider Employee’s entire salary when determining contributions and benefits under a plan.
Challenges of (NQDC)
* Tax Deduction for Employer only received when employee receives income from the (NQDC)
* Benefit Payments begin… employee must pay income tax withholding…failure on this employer loses tax deduction
* Vesting schedule met by Employee entire NQDC payment added to other wages for payroll tax purposes
* Employer’s inability or unwillingness to pay may present a risk for employee
For An Assessment on Implementing a (NQDC) Plan
Contact US