Nonqualified Plans (Deferred Compensation)
Plans outside ERISA's qualified rules, typically for executives.
What is Nonqualified Plans (Deferred Compensation)?
Can discriminate in favor of key employees and need no IRS approval. The employer's deduction comes only when benefits are paid. Deferred compensation is generally an unsecured promise, so participants are general creditors if the company fails. Contributions to qualified plans, by contrast, are deductible when made and protected in a trust.
Nonqualified Plans (Deferred Compensation): a worked example
An executive defers $200,000 of bonus into a nonqualified plan - and loses it when the employer goes bankrupt.
What is the difference between Nonqualified Plans (Deferred Compensation) and Defined Contribution Plan?
Qualified plans: nondiscriminatory, IRS-approved, employer deducts when contributed, assets protected in trust. Nonqualified: can favor executives, deduction when paid, assets at risk.
Often confused with Defined Contribution Plan - see Nonqualified Plans (Deferred Compensation) vs Defined Contribution Plan side by side.
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