409A Correction for Unvested Amounts Clarified

Fulcrum Partners Executive Benefits News

The National Law Review has published a short article by Covington Law Firm Partner, Robert Newman, titled, “409A Correction for Unvested Amounts Clarified.” The article reviews a recently released chief counsel advice memorandum intended to clarify the mechanism for correcting 409A violations. As the article points out, the discovery of a 409A violation generally spurs the search for ways to correct the problem. …

Nonqualified Deferred Compensation Plan Participants

What Does Participant Really Mean when it comes to Nonqualified Deferred Compensation Plan?

Fulcrum Partners Executive Benefits News

From the Employee Benefits Law Report, an article by Greg Daugherty of Porter Wright Morris & Arthur LLP, looks at the scope and definition of who is a “participant” in a nonqualified deferred compensation plan. Daugherty points out that although companies have frequently considered the word participant to only include participants who are current employees, the courts may not always look at …

NQDC Plans and Employer Liability in Cases of Adverse Tax Consequence

Fulcrum Partners Executive Benefits News

McCarter & English, LLP, has authored an insightful look at employer responsibility in administering Nonqualified Deferred Compensation Plans (NQDC Plans), and the potential liability a company has when Plan participants face adverse tax consequences because of the company’s actions (or failure to take action). We’ve included below the full text of their article that discusses rulings by a federal district court in the case of Davidson …

Failure to Follow Special Rules on FICA Taxes for Nonqualified Deferred Compensation Plans Can Lead to an ERISA Claim

Special Rules on FICA Taxes for Nonqualified Deferred Compensation Plans

Fulcrum Partners Fulcrum Partners Media Release, Fulcrum Partners NEWS

(February 11, 2014) Ponte Vedra Beach, Florida Executive benefits consulting firm, Fulcrum Partners LLC, is pleased distribute this AALU Washington Report to its clients and friends. This continuing series of articles is intended to provide deep insight into trends, events, and issues that impact the design and operation of nonqualified executive benefit plans. Failure to Follow Special Rules on FICA …