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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. MORE >> |
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