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Guest Harry O

Sure. As long as payment of the bonus is not tied to retirement or termination of employment (e.g., "you'll get this bonus when you retire or terminate employment) it should not be considered a pension plan under ERISA. Mere deferral of payment does not create an ERISA plan; only when deferral is tied to retirement or termination is there a problem.

I suspect that you could find some DOL Advisory opinions to this effect . . .

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