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Posted

ER has a nonqualified, top-hat DB plan for a former member of management who has retired. The payments are made out of the employer's general assets. It is merely a promise by the employer to pay X amount per month for the remainder of the retiree's life. The individual retired 12/31/2006, and payments began in 2007.

It would appear such should be reported on Form 1099-MISC, Box 7. Is this correct?

It also appears that such will not be considered earnings for purposes of reducing his Social Security Benefits (he's 63 years old). Is this correct?

John Simmons

johnsimmonslaw@gmail.com

Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.

Posted
ER has a nonqualified, top-hat DB plan for a former member of management who has retired. The payments are made out of the employer's general assets. It is merely a promise by the employer to pay X amount per month for the remainder of the retiree's life. The individual retired 12/31/2006, and payments began in 2007.

It would appear such should be reported on Form 1099-MISC, Box 7. Is this correct?

It also appears that such will not be considered earnings for purposes of reducing his Social Security Benefits (he's 63 years old). Is this correct?

This is reported on a Form W-2 and is subject to FICA/FUTA. Retiring doesn't make distributions non wage payments.

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