ftwilliam.com / Wolters Kluwer
Benefit Comply, LLC
Actuaries Unlimited, Inc.
The Ryding Company
West Coast TPA Firm
Ubiquity Retirement + Savings
Nexus Administrators, Inc.
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|Review the Coverage of Your Top-Hat Plan -- Before Someone Else Does|
Michael Melbinger via Winston & Strawn LLP
Mar. 15, 2010
Excerpt: Employers that make contributions to their non-qualified deferred compensation plans typically impose a vesting schedule that is at least as strict as the schedule in their qualified retirement plans. Many employers apply a stricter schedule, including the threat of forfeiture for 'bad boy' terminations or competition. Courts will uphold the vesting schedule and forfeiture provisions of an employer's non-qualified deferred compensation plan, but only as long as that plan is exempt from ERISA as a 'top-hat' plan.
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