Maryland Supplemental Retirement Plan

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Multi-State
Control #:
US-CC-21-104
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Description

21-104 21-104 . . . Supplemental Executive Retirement Plan which permits eligible management and highly-compensated employees to receive benefits that will compensate them for limitations imposed by Sections 401(a)(17), 401(k), 401(m) and 402(g) of Internal Revenue Code on salary deferrals and matching contributions under 401(k) plan
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FAQ

Qualified deferred compensation plans have a limit. For example, employees can only defer up to $22,500 to their traditional 401(k) plan in 2023. Nonqualified deferred compensation plans have no limit. Employees can defer as much of their compensation as they would like.

The employer buys the insurance policy, pays the premiums, and has access to its cash value. The employee receives supplemental retirement income paid for through the insurance policy. Once the employee receives income in retirement, that benefit is taxable. At that point, the employer receives a tax deduction.

While excess benefit plans make up benefits lost because of the maximum limits on qualified plan benefits and contributions, supplemental executive retirement plans (SERPs), also known as top-hat plans, can be used for broader purposes like increasing benefits for shorter service employees, recognizing bonus payments ...

SERPs are paid out as either one lump sum or as a series of set payments from an annuity, with different tax implications for each method, so choose carefully.

Example of a SERP Even if the employee quits, the company still has access to the insurance's cash value. If the employee passes away, the company is a beneficiary of the payout and also gets tax benefits.

In general, a Nonqualified Deferred Compensation Plan refers to a plan in which the executive is deferring his own compensation and a SERP is a plan in which the employer is allocating contributions to the executive. Many plans have a combination of executive and employer contributions.

A supplemental executive retirement plan (SERP) is a set of benefits that may be made available to top-level employees in addition to those covered in the company's standard retirement savings plan. A SERP is a form of a deferred-compensation plan. It is not a qualified plan.

Typically, a SERP is in the form of a defined benefit plan under which benefits are based on a pension formula. Unlike restoration plans, SERPs are not designed merely to replace lost benefits, but to provide more generous benefits to covered executives. These benefits are generally paid or commence at retirement.

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Maryland Supplemental Retirement Plan