Salary Deferral Plan - Security or not?

[Guest DDahl]

I was wondering whether anyone knows of a good resource that discusses the security law issues of nonqualified deferred compensation plans? I have the Corporate BNA entitled "Securities Law Aspects of Employee Benefit Plans" authored by Mr. Maldonado right in front of me but it seems to focus more on qualified plans.

The issue is whether a salary deferral plan for executives which allows the participants to elect to forego a portion of their annual salaries, have such amounts placed in a rabbi trust or some other vehicle, and then have such amounts paid to them at some specified time in the future (death, disability, separation from service) will be deemed an offering of securities such that an exemption is required.

No employer securities would be involved in the arrangement. The cash placed in the rabbi trust would probably be invested in mutual funds.

Any thoughts?

[XTitan]

Try this:

http://www.sec.gov/divisions/corpfin/guida...s_nqdcplans.htm