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Aug 6th, 2022
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How to Edit writing in the Deferred Compensation Plan

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- What is a 457 or a deferred comp? Were getting into it in this video. (upbeat music) A 457 is very similar to a 401(k), but its for state or government employees. And we talked about 403bs. You can actually look at the video up here if youre interested in that. And the unique thing about school boards is theyre state employees, but they can also have 403bs and 457. So sometimes youll see both. But if youre not in the school board, you probably just have a 457 available to you. What a 457 is, is its basically a government 401(k), but theres a few different distinctions. First of all, if youre still working with a 403(b) or a 401(k), you can actually get access to your money at age 59 and a half without a tax folio. If youre still working at 457, you have to wait until age 70 to get access to your money. But for those of you retiring early this is really important because we have a lot of firefighters and police officers and other government employees that can retire early y

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If you leave your company or retire early, funds in a Section 409A deferred compensation plan arent portable. They cant be transferred or rolled over into an IRA or new employer plan. Unlike many other employer retirement plans, you cant take a loan against a Section 409A deferred compensation plan.
Tip. Unlike a 401(k), there are few legal restrictions on when you withdraw deferred compensation or how long you must wait to withdraw it. Employers, however, impose restrictions to keep you with the company: If you quit or get fired, you lose some of the money.
409A Change in Control means a Change in Control which also constitutes a change in ownership or effective control of the Company or a change in the ownership of a substantial portion of the assets of the Company, all within the meaning of 409A of the Internal Revenue Code of 1986, as amended (the Code).
One potential exception is performance based compensation (PBC). If a deferral qualifies as PBC under Section 409A rules, deferral elections can be changed or cancelled as long as that change occurs with at least six months remaining in the performance period.
Penalties for violations of Section 409A may include: Income inclusion at the time of vesting even if the benefit has not yet been paid. A 20% penalty tax on the deferred amounts. An increased interest rate on the late payment of the income tax due on the compensation.
A deferred compensation plan withholds a portion of an employees pay until a specified date, usually retirement. The lump sum owed to an employee in this type of plan is paid out on that date. Examples of deferred compensation plans include pensions, 401(k) retirement plans, and employee stock options.
You may roll your Plan assets to other retirement plans such as qualified employer plans (401(k), 403(b), etc.) or an IRA, when you separate from service. Withholding taxes may apply if the rollover is not a direct rollover.
Planning retirement distributions For example, the Internal Revenue Code (IRC) allows for 401(k) withdrawals to begin penalty-free after age 59but the IRC also requires that you start taking distributions at age 73. By contrast, there are no IRC age restrictions on distributions from a deferred compensation plan.

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