Maricopa Arizona Deferred Compensation Agreement - Long Form

State:
Multi-State
County:
Maricopa
Control #:
US-00418BG
Format:
Word; 
Rich Text
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Description

Deferred compensation is an arrangement in which a portion of an employee's income is paid out at a date after which the income is actually earned. A Deferred Compensation Agreement is a contractual agreement in which an employee (or independent contractor) agrees to be paid in a future year for services rendered. Deferred compensation payments generally commence upon termination of employment (e.g., retirement) or death or disability before retirement. These agreements are often geared toward anticipated retirement in order to provide cash payments to the retiree and to defer taxation to a year when the recipient is in a lower bracket. Although the employer's contractual obligation to pay the deferred compensation is typically unsecured, the obligation still constitutes a contractual promise.
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FAQ

You may withdraw money from your 457 plan when you retire or leave your job and possibly when you experience financial hardship. You'll have to make mandatory withdrawals after age 70 ½, and your beneficiary can withdraw money from the plan upon your death.

Deferred compensation plans don't have required minimum distributions, either. Based upon your plan options, generally, you may choose 1 of 2 ways to receive your deferred compensation: as a lump-sum payment or in installments.

Depending on the terms of your plan, you may end up forfeiting all or part of your deferred compensation if you leave the company early. That's why these plans are also used as golden handcuffs to keep important employees at the company. The plan may or may not have investment options available.

A deferred compensation plan withholds a portion of an employee's pay until a specified date, usually retirement. The lump sum owed to an employee in this type of plan is paid out on that date. Examples of deferred compensation plans include pensions, 401(k) retirement plans, and employee stock options.

You can take the distribution in a lump sum or regular installments, paying tax when you receive the income. You can also arrange to withdraw some of it when you anticipate a need, such as paying for your kids' college tuition. While the IRS has few restrictions, your employer will probably have their own rules.

Deferred compensation plans that allow the employee to select a distribution schedule after employment ends usually require doing so within 30 or 60 days after leaving. Otherwise, the distribution will revert to a default schedule. This is common in Sec. 457 top-hat deferred compensation plans.

You may withdraw money from your 457 plan when you retire or leave your job and possibly when you experience financial hardship. You'll have to make mandatory withdrawals after age 70 ½, and your beneficiary can withdraw money from the plan upon your death.

If you quit your job in finance, you will lose your deferred compensation. This is much like how you'd lose your remaining unvested stock grants if you work at a startup. But if you have a dialogue with your manager, you just might be able to keep what's yours.

Early Withdrawals from a 457 Plan Money saved in a 457 plan is designed for retirement, but unlike 401(k) and 403(b) plans, you can take a withdrawal from the 457 without penalty before you are 59 and a half years old. This is a very important rule that often times goes overlooked with the 457 plan.

You can take the distribution in a lump sum or regular installments, paying tax when you receive the income. You can also arrange to withdraw some of it when you anticipate a need, such as paying for your kids' college tuition. While the IRS has few restrictions, your employer will probably have their own rules.

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Maricopa Arizona Deferred Compensation Agreement - Long Form