Easily Replace Tick from the Deferred Compensation Plan

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How to Replace Tick from the Deferred Compensation Plan

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Hi, this is Greg Maxwell with Amicus Settlement Planners. Today, I want to talk a little bit about the differences between a 401(k) plan, for example, and a deferred compensation plan for contingency fee attorneys. A lot of times, attorneys will call us and say, Why dont I just max out my 401(k) plan? Why would I want to set up a deferred compensation plan instead of using a 401(k) plan? First of all, I think its probably smart to have both. Theres no reason why you cant max out your 401(k) plan and also contribute to a deferred compensation plan. Some of the differences: a 401(k) plan, as you know, has certain limitations on the amount that you can contribute each year, and theyre fairly low. If youre looking to defer more than the 401(k) plans allow, then thats a good reason to also contribute to a deferred compensation plan. The other thing with 401(k) plans or any qualified plan is that they have certain limitations on when you can start receiving payments. You cant start

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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.

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Can you move a deferred compensation plan?

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.

What is the downside of deferred compensation?

Unlike a 401(k), your deferred compensation account is not yours; it is the property of your employer and is subject to potential loss. If the company goes bankrupt or cannot pay its bills, you may lose the compensation you deferred.

How do you negotiate deferred compensation?

Negotiate for fair market value, and defer the difference between what the company agrees you are worth and what they are able to pay today. Fourth, what form will the deferral take? You could take it in cash, stock options, or grants of stock. You dont owe income tax on the deferred amount until you are paid.

How much money should you put in a deferred compensation plan?

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.

Can I change my deferred compensation plan?

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.

Can I transfer my deferred compensation to an IRA?

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.

Do you have to take a RMD from a deferred compensation plan?

Deferred compensation plans dont have required minimum distributions, either. Based upon your plan options, generally, you may choose 1 of 2 ways to receive your deferred compensation: as a lump-sum payment or in installments.

What is the 10 year rule for 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.

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Replace Tick from the Deferred Compensation Plan