Christine Roberts Posted April 16, 1999 Posted April 16, 1999 Can a bonus plan that vests performance bonuses 20% per year for seven years avoid ERISA coverage? Intended recipients are in mid-30s and are not necessarily in "top hat" group. ------------------
Guest Harry O Posted April 17, 1999 Posted April 17, 1999 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 . . .
Christine Roberts Posted April 19, 1999 Author Posted April 19, 1999 My question should have been, will the bonus plan avoid ERISA coverage AND result in deferral of income on non-vested amounts?
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