Our attorneys represent both employers with the design, implementation and administration of nonqualified retirement plans and employees who participate in these plans to understand their rights and income taxation of these arrangements.  With the enactment of Internal Revenue Code Section 409A, nonqualified plans are now subject to more legislative and regulatory requirements than in the past and both employers and employees must adhere to these new strict requirements to avoid adverse income tax consequences and penalties.  These types of arrangements encompass both funded and unfunded nonqualified deferred compensation plans,  top-hat plans, excess benefit plans, Rabbi trusts, secular trusts, split dollar life insurance, corporate owned life insurance (COLI), incentive stock options (ISOs), nonstatutory stock options (NSOs) , restricted stock, stock appreciation rights, and phantom stock plans.

 

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