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Document Needed in Addition to Executive's Employment Agreement?
BenefitsLink Message Boards Link to more items from this source
Oct. 25, 2017
Employment agreement plainly says "Executive gets $50,000 a year for 5 years credited to a book account with no money actually set aside. The Executive only gets the money if he is actively employed all the way through the 5 year anniversary date and is paid immediately thereafter." So neither 409A nor 457(f) applies because there is no deferral of income beyond when the substantial risk of forfeiture lapses. Do I need any documentation other than the employment agreement? I guess I need a top-hat filing to avoid a 5500 filing requirement. Anything else?

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