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Greg Maxwell from Amicus Settlement Planners discusses the distinctions between a 401(k) plan and a deferred compensation plan for contingency fee attorneys. He suggests that it's beneficial for attorneys to utilize both options. A primary difference is that 401(k) plans have lower annual contribution limits, which may not suffice for those wanting to defer more income. Additionally, 401(k) plans impose restrictions on the timing of payment distribution, limiting when funds can be accessed. Therefore, a deferred compensation plan can offer more flexibility, making it an attractive alternative for high-earning attorneys looking to manage their retirement savings effectively.

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How do I set up a deferred compensation plan?

To set up a NQDC plan, youll have to: Put the plan in writing: Think of it as a contract with your employee. Be sure to include the deferred amount and when your business will pay it. Decide on the timing: Youll need to choose the events that trigger when your business will pay an employees deferred income.

What are the two types of deferred compensation?

There are two types of deferred compensation plans: non-qualified and qualified. Non-qualified deferred compensation plans are also referred to as Section 409A or NQDC plans. Deferred compensation plans are not required for all employees.

How do I get my money from deferred comp?

You can take the distribution in a lump sum or regular installments, paying tax when you receive the income. You can also arrange to withdraw some of it when you anticipate a need, such as paying for your kids college tuition. While the IRS has few restrictions, your employer will probably have their own rules.

What is the NYS deferred comp limit for 2023?

The dollar limit can consist of all before-tax, all Roth (after-tax) or a combination of the two. If a participant is contributing to another 401(k) or a 403(b) plan, the total annual contribution to all plans must be combined and cannot exceed $22,500 in calendar year 2023 ($20,500 in calendar year 2022).

Is there an app for NYS deferred comp?

Wherever life takes you, take the NYC DCP mobile app with you so you can retire well with confidence.

Can I take money out of my NYS deferred comp?

You may take up to 12 partial withdrawals annually. Each withdrawal must be at least $100. You may postpone payment of the remainder of your Plan account balance until age 72, request additional partial withdrawals as needed or establish periodic payments.

How are deferred compensation plans accounted for?

Deferred compensation accounting When an employee defers a portion of their compensation to a nonqualified plan, you owe them in the future. In accounting, the amount you owe them but have not paid them is known as accounts payable. Accounts payable represent a liability, or an amount you owe.

Is deferred comp risky?

Unlike a 401(k) plan, which is completely independent of the sponsoring employer (unless your 401(k) is invested in company stock), contributions to a deferred compensation plan are unsecured loans to your employer that they promise to pay you. The risk is greatest when the plan is unfunded.

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