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Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers

Correcting 409A and 457(f) Errors, Proposed Income Inclusion Regulations, Group Carve-Out Plans

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Thursday, March 23, 2023

Recorded event now available

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This CLE webinar will guide benefits counsel and employers on critical challenges in designing and implementing nonqualified plans. The panel will discuss the application of Section 409A rules and correcting Section 457(f) errors, the implications of the "income inclusion" regulations, and issues stemming from group carveout plans, as well as offer methods to ensure the development of an effective strategy for key employees.

Description

A nonqualified plan is a tax-deferred, employer-sponsored retirement plan used for executives and key employees. These plans are not subject to the full gambit of rules under ERISA as qualified plans but have a unique mix of rules, regulations, and potential drawbacks to navigate.

Bonus plans, group carveout plans, and nonqualified deferred compensation plans (NQDCP) are ripe with potential pitfalls. One of the main issues that arise in disputes relating to these plans is whether or not the plan is subject to ERISA. To ensure that a nonqualified plan is exempt from ERISA, benefits counsel and employers must carefully consider various critical items in drafting or amending plans and other agreements. In either case, employers must ensure that they follow ERISA claims procedures to minimize penalties and liability.

Section 409A applies to most NQDCPs. Distinguishing what is and what is not deferred compensation subject to Section 409A and documenting compliance is critical in designing and implementing NQDCPs. Furthermore, navigating procedures in correcting errors for plans under Section 457(f) is essential to avoid unintended liability.

Listen as our panel discusses Section 409A rules' application, correcting Section 457(f) errors, the implications of the "income inclusion" regulations, group carveouts, and other essential matters.

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Outline

  1. Pros and cons of nonqualified plans
    1. Legal and regulatory framework
    2. Administrative challenges
  2. Section 409A and correcting Section 457(f) errors
  3. Group carveout plans
  4. Best practices for effective nonqualified plan design and implementation

Benefits

The panel will review these critical issues and more:

  • What are the legal and administrative challenges of nonqualified plans?
  • What are the potential pitfalls of Section 409A?
  • What are the available methods for correcting Section 457(f) errors?
  • What are group carveout plans and how can they be used as incentives for key employees?

Faculty

Poerio, Mark
Mark Poerio

Senior Counsel
The Wagner Law Group

For over 35 years, Mr. Poerio has been in private practice with a focus on executive compensation, employee...  |  Read More

Wimer, Ruth
Ruth M. Wimer

Partner
Winston & Strawn

Ms. Wimer is an attorney and a CPA with nearly 30 years of experience previously serving as a senior partner in the...  |  Read More

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