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How to black out effect in the Deferred Compensation Plan

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good morning everybody it is Jeanie Fisher a certified financial planner and senior foreign key adviser with our key and I talked a lot about qualified plans ERISA plans but today were going to talk about the non-qualified deferred compensation plan now this is not an ERISA plan and because of that it is not subject to ERISA standards and that really carries two primary benefits for the employer they are now allowed to actually discriminate on who they offer the plan to so they dont have to necessarily provide it to every employee on the employee side the IRC contribution limits are not there so you can actually defer a much larger portion of your income so lets walk through how this works for lets say an executive youre earning $300,000 a year you know you need to save money for retirement or long term goals you max out your 401k or your qualified plan but youve hit that limit pretty quickly right the 19,000 or the 25,000 if youre over the age 50 but in order for you to meet yo

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What is a blackout period for a 401k plan?

As noted above, a 401(k) blackout period is a temporary suspension of employees ability to access their 401(k) accounts for actions such as withdrawals or portfolio adjustments. Companies use blackout periods to update or change their 401(k) retirement savings plans.

Can you get a 401k loan during the blackout period?

A blackout period is a time when participants are not able to access their 401(k) accounts because a major plan change is being made. During this time, they are not allowed to direct their investments, change their contribution rate or amount, make transfers, or take loans or distributions.

What is the blackout period for 401k transfers?

A typical blackout period lasts for two weeks (10 business days). While there is no statutory maximum or minimum, most blackout periods last between three and 30 days. In some rare cases this can last for several months or more.

How much notice is required to terminate a 401k plan?

The notice must be provided to all affected plan participants and/or beneficiaries at least 60 days and no more than 90 days before the proposed date of termination.

What is the main purpose of the SECs rules for pension fund blackout periods?

A blackout period is a temporary interval during which access to certain actions is limited or denied. The primary purpose of blackout periods in publicly traded companies is to prevent insider trading. A blackout period for an employee retirement plan temporarily prevents participants from modifying their plans.

What happens during blackout period?

A blackout period in financial markets is a period of time when certain peopleeither executives, employees, or bothare prohibited from buying or selling shares in their company or making changes to their pension plan investments. With company stock, a blackout period usually comes before earnings announcements.

What are the disadvantages of a deferred compensation plan?

The plans carry some inherent risk for the employees in that the deferred payments are unsecured and not guaranteed. So if the organization faces bankruptcy and creditor claims, the employees may not receive their promised funds. (In contrast, qualified plans such as 401(k)s are protected from bankruptcy creditors).

What are the rules for blackout notice?

A blackout notice should contain information on the expected beginning and end date of the blackout. The notice should also provide the reason for the blackout and what rights will be restricted as a result. The notice must specify a plan contact for answering any questions about the blackout period.

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Black out effect in the Deferred Compensation Plan