The Value of Nonqualified Deferred Compensation Plans
Marc Fosse, Partner, Seyfarth Shaw LLP
Bruce J. McNeil, Partner, Leech Tishman
Wednesday, March 27, 2024
1:00 PM to 2:40 PM PDT (100 Minutes)
Early Bird Pricing (through March 18)
$65 for members / $90 for non-members
Regular Pricing
$90 for members / $115 for non-members
Continuing Education Credits Available!
Presentation Description
In this presentation, "The Value of Nonqualified Deferred Compensation Plans," our speakers will delve into these plans. Exploring requirements for and the objectives of a nonqualified deferred compensation plan, the advantages of such a plan for incentive compensation, separation agreements and retirement benefits, and the application of and exemptions from ERISA for “top hat” plans. Delving deeper, our speakers will navigate through the application of ERISA preemption of state laws, the “funding” of the benefits payable under such a plan, and the taxation of the benefits.
Learning Objectives:
- How to design a nonqualified deferred compensation plan
- The requirements to comply with section 409A of the Internal Revenue Code and the penalties imposed by section 409A for noncompliance
- When does ERISA apply to nonqualified deferred compensation plans and the pros and cons
- How to “fund” the benefits payable under the plan
- How the benefits are taxable when paid
Marc Fosse
Marc works with publicly traded, private, nonprofit, and government clients in the design, implementation, and operation of domestic and international executive nonqualified and supplemental deferred compensation plans, as well as equity-based and other long-term incentive compensation arrangements. Marc regularly assists clients in drafting and negotiating executive employment, retention, change in control, and severance agreements. He advises clients on handling employee benefit matters in corporate mergers, acquisitions, divestitures, initial public offerings, and other corporate transactions. Because of his depth of experience in executive compensation matters, he is frequently retained to assist organizations in finding practical solutions or corrections for high-value potential failures to comply with tax rules.
He is co-author of the treatise “Executive Compensation for Emerging Growth Companies” (4th edition) which is updated annually and published by Thomson Reuters. The treatise not only analyzes the corporate, tax, and securities laws for executive compensation, it also includes over forty form agreements, plans, resolutions and prospectuses for addressing an entity’s executive compensation needs from start up to its initial public offering, which are available on Westlaw.
Marc is nationally recognized as an expert on executive compensation and is frequently asked to present on compensation and benefit issues by national and local industry associations. He has also been listed as a “Top-Rated Employee Benefits Attorney” in San Francisco by Super Lawyers (Thomson Reuters) since 2019.
Bruce J. McNeil
Bruce J. McNeil represents clients in a wide range of employee benefit matters, including executive and deferred compensation arrangements and complex employee benefits litigation.
Bruce is a Fellow of the American College of Employee Benefits Counsel and is considered one of the country's foremost authorities on executive and deferred compensation.
Bruce regularly advises clients on a wide variety of issues with respect to tax-qualified retirement plans, including 40l(k) plans, 403(b) and 457 plans, nonqualified deferred compensation arrangements, equity arrangements, split-dollar life insurance arrangements, COLI, and other forms of executive compensation. Bruce counsels clients on all aspects of tax-qualified and executive and nonqualified deferred compensation plans and arrangements for taxable and tax-exempt employers, employee benefit issues in mergers and acquisitions, fiduciary responsibility, and prohibited transaction issues.
Bruce also has experience in practicing before the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in examinations, correction programs, and ruling requests.
Continuing Education
- 2 hours CE for AIF (pending)
- 2 hours ur CE for CEBS
- 2 hours CE for CFP (pending)
- 2 hours CE for ERPA
- 2 hours CE for JBEA
- 2 hours CE for ASPPA
- 2 hours CPE for NIPA
- 2 hours CE for CRPS
- 2 hours CEP for California CPAs
- 1.5 hours of California MCLE
A Special Thank You to Our Sponsor
Sincerely,
Bridget Davidson
Webinar Coordinator | Western Pension & Benefits Council
(503) 866-6384 Mobile
PO Box 2023 | Gresham, OR 97030
webinars@westernpension.org | www.westernpension.org
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