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.
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.
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.
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).
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.
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.
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.
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 …
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 …
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 …
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