Remove print in the Deferred Compensation Plan

Aug 6th, 2022
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How to remove print in the Deferred Compensation Plan

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While losing any of your key people in the life of your business is difficult and can be very detrimental to your business, its particularly damaging in the later stages when youre planning your exit. Your key people, they know that their key and they know that they have negotiating power and sometimes theyre not too happy when they find out that the business is going to be sold or transferred. So we want to do what we can to make sure that were; A. Communicating with them in an inappropriate way about whats going on, and B., that were retaining and rewarding them and preventing them from going out and hanging their shingle and competing with us, potentially costing us, the deal that were planning in our exit or a third party sale that were planning. Any buyer wants to see that the key management team is going to remain intact after the transition. So if the business revolves around you or if you have key people that you are not doing anything to retain, that can be very potent

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Depending on the terms of the contract, deferred compensation might be canceled by the company if the employee is fired, defects to a competitor, or otherwise forfeits the benefit.
Depending on your plan provisions, the payment of the deferred compensation can also be structured to reduce your tax liability based on a series of installment payments or lump sum payments based on a specified time. By spreading out the payments, you potentially could reduce your income for each applicable year.
If the company goes bankrupt or cannot pay its bills, you may lose the compensation you deferred. My recommendation is to stay away from the deferred comp plan if you have even a hint of concern about the financial future of your employer.
Depending on the terms of your NQDC plan, you may end up forfeiting all or part of your deferred compensation if you leave the company early. Thats why these plans are also known as golden handcuffs, because they keep essential employees at the company.
You can take out small or large sums anytime, or you can set up automatic, periodic payments. If your plan allows it, you may be able to have direct deposit which allows for fast transfer of funds. Unlike a check, direct deposit typically doesnt include a hold on the funds from your account.
Disadvantages of Deferred Compensation If the company declares bankruptcy in the future, you can lose some or all of this money. Even if the company remains solid, your money is locked up in many cases until retirement, meaning that you cannot access it easily.
Con: Higher Uncertainty In some situations, a plan may be designed to only pay out if the employee remains with the company until retirement, resulting in a forfeiture of the entire account balance for switching jobs, Wilson says. If the company goes bankrupt, the balance in the account could be completely lost.

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