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Adoption of Nonemployee Directors Deferred Compensation Plan with...

Michigan Adoption of Nonemployee Directors Deferred Compensation Plan with Copy of Plan

Category:

Corporations - Public - Directors

State:

Multi-State

Control #:

US-CC-14-175F

Format:

Instant download

Description

This is an Adoption of a Non-Employee Director's Deferred Compensation Plan form, to be used across the United States. It is to be used when the Shareholders or Directors of a corporation feels that there is a need to defer the compensation received by a Director, for a specified reason. This form is to be modified to fit your individual needs.

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How to fill out Adoption Of Nonemployee Directors Deferred Compensation Plan With Copy Of Plan?

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FAQ

A deferred compensation plan allows a portion of an employee's compensation to be paid at a later date, usually to reduce income taxes. Because taxes on this income are deferred until it is paid out, these plans can be attractive to high earners.

For deferred compensation plan, in the event that you pass away, your beneficiaries essentially step into your shoes and have all the same rights that you did in the plan, including the right to start receiving payments or continue to defer them just like you had the right to do.

Primary Beneficiary: A person or trust you name to receive your DCP account in the event of your death. If you name multiple primary beneficiaries and any of them die before you, the percentage such beneficiary would have received will be divided equally among your surviving primary beneficiaries.

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.

To enroll, your employer must participate in the Plan (employers can visit our Employer Resource Center or call us at (800) 696-3907 to learn more). For more information, visit CalPERS 457 Plan website, call the Plan Information Line at (800) 260-0659, or view the additional resources below.

One of the options available to you when you set up your deferred compensation plan is to name beneficiaries. Naming beneficiaries on your plan is essentially the same process as naming beneficiaries in a 401(k) plan or other retirement plan.

The plans carry some inherent risk for the employees in that the deferred payments are unsecured and not guaranteed. So if the organization faces bankruptcy and creditor claims, the employees may not receive their promised funds. (In contrast, qualified plans such as 401(k)s are protected from bankruptcy creditors).

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.