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Protection of benefits in NQDC?


Guest HR101

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It probably depends on what it is that the execs need protection from in the NQDC plan. Change in control? Bankruptcy or insolvency? There are a number of ways to provide some protection in these scenarios, such as change in control severance agreements, rabbi/secular trusts, etc.

None of them are especially new or "hot" ideas, but they can provide limited financial protection in certain cirumstance.

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Guest wmacdonald

You first need to determine what your objectives are, change in control,change of heart of future management,change in financial condition or bankrupcy. The most prevalent is a "funded" Rabbi Trust" (see http://www.crgworld.com under publications for a survey). I have found that most people do not follow the model trust rules, but rely on some 300 private letter rulings with such provisions as the "haircut" etc. If you attempt to cover bankrupcy, there are a number of concepts that are used, however they are based on legal opinions. The secular trust was used by many companies, however it is not prevalent today. Some used spit dollar, which I think wasn't the right tool, but now need to re-look at the arrangements. Our organization designed the Secured Trust, and have installed 14 of them, with two prevailing in bankrupcy court. I think we may have some details on this under our Executive Topics list on the web site.

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