Remove Date in the Deferred Compensation Plan

Aug 6th, 2022
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How to Remove Date 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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You have to decide how much income to defer prior to the beginning of the compensation performance period (usually 12 to 24 months before you receive it)and you generally cant change your mind midyear if your circumstances change.
Your Contributions One easy way to increase your retirement savings is to contribute a percentage of your income to your Deferred Compensation Plan (DCP) account. Consider saving between 7% and 10% of your salary.
If you have a qualified plan and have passed the vesting period, your deferred compensation is yours, even if you quit with no notice on very bad terms. If you have a non-qualified plan, you may have to forfeit all of your deferred compensation by quitting depending on your plans specific terms.
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.
If you take your deferred compensation payments over a period of 10 years or more, those payments will be taxed in the state where you reside, rather than in the state in which you earned the compensation, possibly reducing your state income taxes.
Elective deferral limit The amount you can defer (including pre-tax and Roth contributions) to all your plans (not including 457(b) plans) is $22,500 in 2023 ($20,500 in 2022; $19,500 in 2020 and 2021; $19,000 in 2021).
457(b) Assets can be withdrawn without penalty at any age upon separation from service from the plan sponsor, or age 70 if still working.
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.

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