Maine Adoption of Nonemployee Directors Deferred Compensation Plan with Copy of Plan
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How to fill out Adoption Of Nonemployee Directors Deferred Compensation Plan With Copy Of Plan?
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FAQ
The Plan allows Eligible Directors to defer the receipt of Director Fees and to receive settlement of the right to receive payment of such amounts in the form of an issuance of Shares and/or cash.
If you leave your company or retire early, funds in a Section 409A deferred compensation plan aren't portable. They can't be transferred or rolled over into an IRA or new employer plan. Unlike many other employer retirement plans, you can't take a loan against a Section 409A deferred compensation plan.
A deferred compensation plan can be qualifying or non-qualifying. Qualifying plans are protected under the ERISA and must be drafted based on ERISA rules. While such rules do not apply to NQDC plans, tax laws require NQDC plans to meet the following conditions: The plan must be in writing.
Most 457(b) plans allow a direct rollover. In this scenario, the retirement funds are transferred directly from your old account to another retirement plan. In an indirect rollover, you would receive a check for the amount in your 457(b) plan.
The Bottom Line. If you have a qualified plan and have passed the vesting period, your deferred compensation is yours, even if you quit with no notice on very bad terms. If you have a non-qualified plan, you may have to forfeit all of your deferred compensation by quitting depending on your plan's specific terms.
But there are downsides to NQDC plans. For example, unlike 401(k) plans, you can't take loans from NQDC plans, and you can't roll the money over into an IRA or other retirement account when the compensation is paid to you (see the graphic below).
Fill out and submit a Rollover/Plan Transfer Contribution Form. Contact your previous provider to initiate a rollover (you may need the DCP to sign off or provide a letter). Contact a DCP Local Retirement Counselor if you have questions or need any assistance.
To set up a NQDC plan, you'll 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: You'll need to choose the events that trigger when your business will pay an employee's deferred income.