What is Nonqualified Deferred Compensation and Why Do Companies Use It?

What is Nonqualified Deferred Compensation and Why Do Companies Use It?

Fulcrum Partners. Deferred Compensation News

A nonqualified deferred compensation plan (NQDC) is an unsecured promise made by an employer to pay compensation to key employees at a prespecified time in the future or upon the occurrence of a predetermined event. An NQDC plan is also one of the most powerful tools available to employers for recruiting, retaining, and rewarding key employees.

Deferred Compensation News Available by Email Subscription

Deferred Compensation News Now Available by Email Subscription

Fulcrum Partners. Fulcrum Partners Media Releases

Fulcrum Partners, one of the largest independent executive benefits consultancies in the U.S., announces the availability of Deferred Compensation News on a no-cost, subscription basis. Previously offered only as an online publication, Deferred Compensation News is now available for direct email delivery.

Life belt or rescue ring on wooden wall. Salvation, protection

IRC Section 409A v. COVID-19

Fulcrum Partners. Deferred Compensation News

Since the coronavirus pandemic first began to reinvent life in the U.S., we’ve shared numerous updates directed to the topic of IRC Section 409A v. COVID-19. 

Today, courtesy of our friends at Porter Wright, the Deferred Compensation blog addresses questions that employers first raised in March, regarding ways to get money out of their nonqualified plans to participants who may have suffered pay cuts or furloughs. This post also addresses questions regarding equity-based and incentive compensation. As you will see, good intentions could lead to serious consequences under Internal Revenue Code Section 409A. 

Separation from service under 409A

Defining “Separation from Service” under Section 409A

Fulcrum Partners. Deferred Compensation News

The atypical circumstances of recent months have created new situations most organizations have not previously faced. Every employer needs a clear understanding of which workforce reduction circumstances could constitute a “separation of service” and thereby trigger payment of benefits for plan participants covered by a nonqualified deferred compensation agreement (NQDC).

Fulcrum Partners publishes report examining how companies may be unintentionally shortchanging the key executives they rely on most.

Shortchanging Key Executives: New Report by Fulcrum Partners

Fulcrum Partners. Fulcrum Partners Media Releases

PONTE VEDRA BEACH, FL — (May 6, 2019) Fulcrum Partners, one of the nation’s largest executive benefits advisories has released a report examining how companies may be unintentionally shortchanging the key executives they rely on most. The report, titled, “The Benefits Gap: How it Happens and How to Fix It” is available for download on the  Fulcrum Partners website at  www.fulcrumpartnersllc.com.

Small Business Loan Form Concept

CESA Act Loans: Further Information and Insights

Fulcrum Partners. Executive Benefits News

The Coronavirus Economic Stabilization Act (CESA) was established to provide loans and loan guarantees for businesses to improve business liquidity resultant from the COVID-19 pandemic. Unlike the widely publicized Payment Protection Program (PPP), CESA Act loans do not include loan forgiveness. They do include substantial penalties, however, if terms of the loan agreement are breeched.

COVID-19 and nonqualified deferred compensation plans

Further Insights on COVID-19 and Nonqualified Deferred Compensation Plans

Fulcrum Partners. Deferred Compensation News

Deferred Compensation News is pleased to provide this Fulcrum Partners report, prepared and originally published by Principal Life, a member of the Principal Financial Group®. With socioeconomic and regulatory landscapes changing day by day and sometimes hour by hour, both plan providers and plan participants are faced with new and unexpected issues.

Tax-Savings Solutions NQDC Fulcrum Partners

Important Strategic Tax-Saving Solutions and the Impact of SECURE Act on NQDC Plan

Fulcrum Partners Reports & White Papers

In case you were enjoying the long President’s Day weekend and missed it, here’s the report Fulcrum Partners released last week: “Impact of the SECURE Act 2019 on NQDC Plans and Retirement Distribution Elections.” The white paper, by Bruce Brownell and the team at Fulcrum Partners, is available to view or download as a PDF. As the report explains, the …

NQDC Plan Compliance with ERISA

For an NQDC Plan, Being Subject to ERISA May Be A Good Thing

Fulcrum Partners. Deferred Compensation News

This Sixth Circuit Court of Appeals decision involving a nonqualified deferred compensation plan (NQDC) shows why it can be important for a nonqual plan to comply with Internal Revenue Code Section 409A compliance and the Employee Retirement Income Security Act of 1974 (ERISA) claims procedures. Fulcrum Partners shares these important insights from attorneys Greg Daugherty and Dave Tumen of Porter Wright, first …

Annual Incentive Bonus

409A Guidelines on Payment of Annual Incentive Bonus

Fulcrum Partners. Deferred Compensation News

From our friends at Winston & Strawn LLP, and attorney Michael S. Melbinger:   Payment of Annual Incentive Bonus by March 15 Now that the madness of Code Section 409A has subsided in the deepest, darkest corners of the mind and new generations are coming into the compensation and legal professions whose minds were not infected with the madness, I …