Mastering IRC 457(f): Guidance for ERISA Counsel in Structuring Deferred Compensation Plans for Nonprofit Entities
A live 90-minute premium CLE/CPE video webinar with interactive Q&A
This CLE/CPE course will provide employee benefits, ERISA counsel, and tax advisers with a thorough and practical guide to deferred compensation for nonprofit and exempt organization executives and employees. The panel will discuss critical tax rules impacting the structuring of deferred compensation plans and define additional opportunities and challenges for exempt organization directors and professionals.
- Introduction to IRC Section 457
- Exceptions to application of 457(f)
- Interaction between 457(f) and 409A guidance
- What is substantial risk of forfeiture and deferred compensation
- Noncompete covenants
- "Rolling risk of forfeiture"
- Separation pay plans
- The 21% excise tax on payments over $1 million or excess parachute payments
- Who is a covered employee
- What is an excess parachute payment
- Evaluating practical applications of 457(f) regulations
The panel will review these and other key issues:
- Analyzing the rules that trigger the 21% excise tax on compensation above $1 million or excess parachute payments to covered employees
- Noncompete covenants regarding whether a substantial risk of forfeiture exists
- Planned vesting schedules and timing of cash payouts
- When is the deferral of the current base salary permitted
- Evaluating whether a plan falls under both 409A and 457(f)
- Opportunities and limitations in structuring compliant executive compensation plans for nonprofit organizations
J. Marc Fosse
Mr. Fosse focuses on all the tax, securities, corporate and accounting issues related to executive and equity... | Read More
Mr. Fosse focuses on all the tax, securities, corporate and accounting issues related to executive and equity compensation arrangements. He works with publicly traded, private, non-profit and government clients in the design, implementation and operation of domestic and international executive nonqualified and supplemental deferred compensation plans, as well as equity-based and other long-term incentive compensation arrangements. He regularly advises clients regarding handling employee benefit matters in corporate mergers, acquisitions, divestitures, initial public offerings and other corporate transactions.Close
Andrew L. Oringer
Mr. Oringer is co-chair of his firm's ERISA and Executive Compensation group, and leads the firm’s... | Read More
Mr. Oringer is co-chair of his firm's ERISA and Executive Compensation group, and leads the firm’s national fiduciary practice in New York. He counsels clients on their employee benefit plans and programs, benefits-related tax matters and fiduciary issues arising in connection with the investment of employee benefit plan assets. His practice includes advising clients regarding ERISA and employee benefits generally, including 401(k) and other retirement plans as well as medical and other welfare plans. His advice to clients encompasses all aspects of corporate transactions and initial public offerings in which benefits and compensation issues play a central part.Close
Stefan P. Smith
Mr. Smith utilizes his in-depth background in employee benefits and executive compensation law to advise public and... | Read More
Mr. Smith utilizes his in-depth background in employee benefits and executive compensation law to advise public and private companies on establishing and ensuring the continued compliance of tax-qualified defined contribution and defined benefit retirement plans and all forms of executive compensation arrangements. He counsels clients on employee benefits matters that arise during mergers and acquisitions, finding solutions, and helping the deals to move forward. He also works with various health and welfare plans and executive and equity-based compensation. These include incentive and non-qualified stock options, restricted stock awards, stock appreciation rights, employee stock purchase plans, profits interests, phantom equity, performance unit and bonus plans, SERPs and other excess benefit plans, and non-qualified deferred compensation plans.Close
Cannot Attend October 19?
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. CPE credit is not available on recordings. Strafford will process CLE credit for one person on each recording. All formats include course handouts.