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LIFE
Nonqualified Plans
Nonqualified plans are compensation strategies that allow you to pinpoint which benefits you wish to offer and which employees you want to include in the plan. Such types of plans include:
Deferral Plans, such as nonqualified deferred compensation arrangements (NQDC) and 401(k) look-alike plans. Supplemental Plans, such as supplement executive retirement plans (SERP), IRC 457 plans and severance plans. Split Dollar Arrangements Bonus Arrangements
All of the plans are flexible and can be tailored to help meet both the specific needs of the company and the executive. With so many options, it is important to work with a financial professional who can help identify your needs and objectives.
Recruit, retain and reward key executives. Counter the reverse discrimination of qualified plans. For example, help executives overcome the contribution limits imposed by qualified plans. Provide income tax deferral for executives. Act as Golden Handcuffs to provide incentives for executives to stay with your company. Recruit and retain outside directors or board members for your company.
Your business need for a current tax deduction Executives need for an additional source of retirement income Potential creditor exposure of the funding assets Your desire for Golden Handcuffs Whether the executive wants tax-free distributions at retirement Need for flexibility in timing of benefit distributions Desirability of income tax-free death benefits Your need for plan cost recovery Desirability of post-retirement medical benefits Whether the business is organized as a C Corporation, S Corporation, Partnership, LLC, or Sole Proprietorship Whether the benefit is being offered to Owner-Employees, Non-owner Employees, or both.
Once you identify and prioritize your needs and objectives, your financial professional can show you specific compensation strategies that fit you best.
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Disadvantages
Subject to IRC 409A rules Retirement benefits subject to income taxes Funding asset subject to employers creditors Timing of payments must be fixed when plan is adopted; no flexibility
Can provide a potential source of supplemental retirement income Golden Handcuffing Employer cost recovery
Not subject to IRC 409A rules, so long as there is no agreement to bonus premium advances at termination Not subject to the claims of the employers creditors Flexibility on timing of distributions Flexibility on allocating funds between retirement income and death benefits Death benefit is generally not taxable as income*
* Proceeds from an insurance policy are generally income tax free (e.g., absent a transfer for value), and if properly structured, may also be free from estate tax. 2
Split Dollar Loan Arrangement with a Rollout (Split Dollar Loan/ 409A Combo Arrangement)
A split dollar loan is an arrangement where an employer helps to provide an executive with retirement and death benefits by providing the funding for the ownership of a life insurance policy. The employer pays premiums on a life insurance policy owned by the executive, but retains a collateral assignment interest in the policy equal to the sum of the premiums it has advanced. The premium advances are treated by the IRS as loans and the executive pays taxes on the interest that is imputed on the loans. Additionally, the employer can promise a benefit at retirement that would extinguish the executives obligation to reimburse the employer for premiums paid. This additional benefit would be considered a separate arrangement subject to the requirements of 409A. The executive would treat the forgiveness of the premium loans as taxable income. Advantages Provides potential source of supplemental retirement income
Reimbursement benefit is subject to 409A rules Reimbursement benefit is fully taxable to executive at retirement No cost recovery for employer
Not subject to claims of employers creditors Tax-preferred retirement benefits Flexibility on timing of distributions Death benefit not taxable as income* Permits Golden Handcuffing Executive receives policy with full cash value intact at retirement
* Proceeds from an insurance policy are generally income tax free (e.g., absent a transfer for value), and if properly structured, may also be free from estate tax. 3
No Golden Handcuffing
Cost recovery available to employer Not subject to ERISA and Top-Hat limitations Simple plan administration
Provides potential source of supplemental retirement income Not subject to IRC 409A rules Not subject to claims of employers creditors Flexibility on timing of distributions Death benefit not taxable as income*
Provides potential source of supplemental retirement income Not subject to IRC 409A rules Not subject to claims of employers creditors Golden Handcuffs Flexibility on timing of distributions Death benefit not taxable as income*
* Proceeds from an insurance policy are generally income tax free (e.g., absent a transfer for value), and if properly structured, may also be free from estate tax. 4
Provides potential source of supplemental retirement income Not subject to 409A rules Tax-preferred retirement benefits Flexibility on timing of distributions Death benefit not taxable as income* No plan administration required
Funding assets protected from claims of creditors of both employer and executive Living benefits are received by executive income tax free
Benefit cannot be offered selectively (nondiscrimination rules apply) Complex arrangement which requires use of third-party administrator
* Proceeds from an insurance policy are generally income tax free (e.g., absent a transfer for value), and if properly structured, may also be free from estate tax.
ReliaStar Life Insurance Company 20 Washington Avenue South Minneapolis, MN 55401 ReliaStar Life Insurance Company of New York 1000 Woodbury Road, Suite 208 Woodbury, NY 11797 Security Life of Denver Insurance Company 1290 Broadway Denver, CO 80203 www.ing.com/us
These materials are not intended to be used to avoid tax penalties and were prepared to support the promotion or marketing of the matter addressed in this document. You should consult with your tax and legal advisors regarding your individual situation. Neither ING nor its affiliated companies or its representatives give tax or legal advice. The strategies suggested may not be suitable for everyone, and each individual should consult with his or her own tax advisor and legal counsel before implementing any of the strategies discussed here. Life insurance products are issued by ReliaStar Life Insurance Company (Minneapolis, MN), ReliaStar Life Insurance Company of New York (Woodbury, NY) and Security Life of Denver Insurance Company (Denver, CO). Variable universal life insurance products are distributed by ING America Equities, Inc. Only ReliaStar Life Insurance Company of New York is admitted, and its products issued within the state of New York. All are members of the ING family of companies. 2008 ING North America Insurance Corporation
cn55800102010
140220 10/01/2008