Correcting Retirement Plan

Correct Retirement Plan Operational Failures and Other Issues

Fulcrum Partners Executive Benefits News, Fulcrum Partners News

The IRS recently made significant changes to its comprehensive guidelines on how retirement plans can correct operational and other failures. On July 16, 2021, the Internal Revenue Service (the IRS) released Rev. Proc. 2021-30, reflecting important changes to the Employee Plans Compliance Resolution System (the EPCRS) that the IRS previously established for correcting errors in tax-qualified retirement plans.

NQDC report

Further Insights on the NQDC Guide

Fulcrum Partners Deferred Compensation News, Fulcrum Partners News

Following up on our July blog post, “Updates on the Nonqualified Deferred Compensation Audit Technique Guide,” we are pleased to share with you these further insights from Attorneys Greg Daugherty, Dave Tumen and Rich Helmreich of PorterWright. They raise the interesting question of whether the recent update of the NQDC Guide foreshadows the coming of other critical changes in executive compensation enforcement.

Unfunded NQDC Plans

Understanding Funded vs. Unfunded NQDC Plans

Fulcrum Partners Deferred Compensation News, Fulcrum Partners News

The recent IRS publication, Nonqualified Deferred Compensation Audit Technique Guide was created to help IRS examiners during audits. As a result, it also becomes a helpful resource for organizations seeking to ensure their compliance with 409A and other tax code regulations that may impact deferred compensation. The following excerpt from the document provides information on distinctions and requisites of funded vs. unfunded NQDC plans.

nonqualified deferred compensation

Updates on the Nonqualified Deferred Compensation Audit Technique Guide

Fulcrum Partners Deferred Compensation News

On June 1, 2021, the IRS officially completed its revisions to its Nonqualified Deferred Compensation Audit Technique Guide. The updated guide is a useful reminder of how very important it is for companies to maintain careful documentation and recordkeeping and of the importance of strong compliance safeguards and attention to public company disclosure with the Securities and Exchange Commission.

Planning, risk and strategy deadline time in business

Section 409A Meets 162(m) and Some NQDC Plans May Need to be Amended by December 31

Fulcrum Partners Deferred Compensation News

Thank you, Mike Melbinger, for the following in-depth update on a problem no one apparently saw coming. We’ve enclosed below the full text of Mike’s article published on December 2, 2020: “Section 409A Meets 162(m) and Some Deferred Compensation Plans and Agreements May Need to be Amended by December 31,” followed by his additional postscript article published shortly thereafter.