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Replace Cross in the Deferred Compensation Plan

Replace Cross in the Deferred Compensation Plan and eSign it in minutes

Aug 6th, 2022

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How to Replace Cross 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 yo

Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

Why is restricted stock not subject to 409A?

Restricted stock is not subject to IRC 409A. Restricted stock is not deferred compensation; it is considered compensation the day the stock vests. So while restricted stocks do not need a strike price set through a 409A, there are tax implications in receiving restricted stock, and a valuation may be necessary.

Can you rollover a nonqualified deferred compensation plan?

Unlike a 401(k) account, an NQDC plan doesnt provide an option to roll over balances into an IRA or another retirement plan. The employment taxes on your deferred compensation (generally FICA and FUTA) are paid at the time of deferral.

Do you need a 409A for restricted stock?

RSUs do not require a Section 409A valuation since, unlike stock options, they have no strike or exercise price.

How do I set up a nonqualified 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 plans are exempt from 409A?

Certain plans are not subject to Section 409A, including tax- qualified employer plans, bona fide sick leave or vacation plans, disability plans, death benefit plans, and certain medical expense reimbursement arrangements.

Is 409A mandatory?

While its not mandatory for companies to receive 409A appraisals, the IRS has made them all but compulsory for private, venture-backed companies, Kevin Swan, co-head of global private markets within Morgan Stanleys workplace solutions division, told TechCrunch.

Are restricted stock units deferred compensation?

RSUs are deferred compensation whenever the payment is made, or could be made, in a calendar year later than the year in which the awards vest (or in 409A-speak, in the year awards become no longer subject to a substantial risk of forfeiture.) Any forfeiture risk due to a non-compete or similar covenant is ignored

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