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Bonus Plan or Deferred Compensation? DOL Reaffirms Bonus Plan Exception to ERISA
Boutwell Fay LLP 
[Guidance Overview] Dec. 21, 2025 "Key aspects of the DOL's reasoning [in Advisory Opinion 2025-03A] include: [1] the purpose of the program ... [2] the design and administration of the program, [3] the unfunded, unsecured and nonguaranteed nature of the awards, [4] the lack of accruals under the program and [5] the fact that participants are annually notified that the express purposes and conditions of the program are that of an incentive program and not a retirement plan subject to ERISA." MORE >> |
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