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The only major downside to an insurance-based Section 162 bonus plan is that when the employee leaves the company, the policy goes with him or her. You're no longer obligated to pay the premiums, of course, but you also don't recoup any of the value of the policy you've been paying for.
An Executive Bonus Plan, also referred to as Section 162 Plan, is a non-qualified plan used by employers to provide special compensation to key executives. The employers' contribution to an executive bonus plan is considered salary to the executive and is therefore subject to taxation.
An executive benefit plan is a contractual commitment by an employer to a select group of employees to provide supplemental retirement benefits at a future date.
If you were supposed to be paid a bonus conditioned on performance, and you met the conditions for the bonus, you may have a basis to sue. Similarly, if the bonus was not taken into account in the overtime pay that has been paid to you, you may also have a basis to sue.
An executive bonus plan (Section 162) is a way for business owners or companies to provide additional supplemental benefits to key employees or executives of their choice.
A ?bonus? is money paid by an employer to an employee when both the fact and amount of payment are wholly at the discretion at the employer. True bonuses are not considered wages under the Labor Law.
162 bonus plans may make sense for employers looking to attract and retain key employees or provide carve-outs from group-term life insurance programs, particularly for younger key employees in lower tax brackets who likely have insufficient insurance coverage.
Reward key employees with an executive bonus plan The employer pays the policy premiums as a bonus to the employee. The bonus is taxable to the employees and income tax-deductible to the business if the compensation is reasonable.