Qualified vs. Non-Qualified Deferred Compensation Plan - 409A, ERISA and Govt. Filing Requirements

Instructor: Steve Flores
Product ID: 703666
  • Duration: 60 Min
This presentation will provide you with a good foundation to help you design and administer these nonqualified deferred compensation plans in a legally compliant manner. You will learn the differences between qualified and non-qualified plans, ERISA, 409A & Govt. filing requirments.

recorded version

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Recorded Link and Ref. material will be available in My CO Section
Last Recorded Date: Apr-2015

Training CD / USB Drive

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Course "Qualified vs. Non-Qualified Deferred Compensation Plan - 409A, ERISA and Govt. Filing Requirements" has been pre-approved by HRCI as eligible for 1 credits towards a participant's recertification upon full completion.
“The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program”.

Why Should You Attend:

Nonqualified deferred compensation plans can provide executives with benefits in excess of those provided under qualified deferred compensation plans. While attractive to executives, these plans are subject to complex rules. It is critical that employers understand and properly implement these rules in order to maximize the chances that such plans will provide the intended benefits. A failure to follow these requirements can result in costly penalties to executives and may increase the likelihood of litigation.

In order to defer taxation and avoid penalties, such plans must meet a number of specific requirements under Section 409A of the Code. Such plans also must be designed and operated in a way that meets exceptions under the Employee Retirement Income Security Act (ERISA) in order to avoid the application of ERISA’s fiduciary and anti-alienation provisions. A failure to design and operate a nonqualified deferred compensation in accordance with these rules can result in the early taxation of plan contributions, tax penalties, and potential fiduciary liability for plan sponsors.

This presentation will provide you with a good foundation to help you design and administer these nonqualified deferred compensation plans in a legally compliant manner.

Areas Covered in the Webinar:

  • The differences and similarities between qualified and nonqualified plans
  • Code Section 409A requirements
  • Application of ERISA to nonqualified plans
  • Plan document and governmental filing requirements
  • Use of rabbi trusts to fund plan benefits
  • Avoiding costly litigation by following best practices

Who Will Benefit:

  • Employers
  • Plan administrators
  • Compensation specialists
  • Claims administrators
  • Payroll
  • Benefit managers
  • HR personnel

Instructor Profile:

Steve Flores, is an attorney with Winston & Strawn LLP who concentrates his practice in employee benefits and executive compensation matters.

Mr. Flores advises clients of all sizes, both in the public and private sector, on a variety of employee benefit and executive compensation matters, including IRS and DOL audits, ERISA’s fiduciary and prohibited transaction provisions, HIPAA compliance, health care reform compliance, and the implementation and administration of employee benefit plans, including tax-qualified retirement plans, multiemployer plans, health and welfare benefits, employment and separation agreements, non-qualified deferred compensation arrangements, stock options, and other incentive compensation arrangements.

Mr. Flores also advises clients with employee benefit and executive compensation issues in mergers and acquisitions and lending transactions.

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Refund Policy

Registrants may cancel up to two working days prior to the course start date and will receive a letter of credit to be used towards a future course up to one year from date of issuance. ComplianceOnline would process/provide refund if the Live Webinar has been cancelled. The attendee could choose between the recorded version of the webinar or refund for any cancelled webinar. Refunds will not be given to participants who do not show up for the webinar. On-Demand Recordings can be requested in exchange.

Webinar may be cancelled due to lack of enrolment or unavoidable factors. Registrants will be notified 24hours in advance if a cancellation occurs. Substitutions can happen any time.

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