Executive Compensation and "Non-Qualified" Deferred Compensation Arrangements

Due to the restrictions imposed by ERISA and the Internal Revenue Code, it is often difficult to structure tax-qualified deferred compensation arrangements that are sufficient to attract, retain and reward executives and other key employees. To address these problems, many employers have turned to executive compensation and/or "non-qualified" deferred compensation arrangements, including SERPs, equity-based arrangements (e.g., stock options, restricted stock and phantom stock), and change in control/golden parachute arrangements. We assist clients in the design, implementation and administration of arrangements that meet the client's specific needs and objectives. This assistance includes structuring arrangements to comply with the broad deferred compensation requirements in Section 409A of the Internal Revenue Code.