Risk of Forfeiture The possibility of forfeiture is one of the main risks of a deferred compensation plan, making it significantly less secure than a 401(k) plan.
Traditional individual retirement accounts (IRAs) and 401(k)s are examples of qualified deferred compensation. With these plans, employees contribute pretax dollars via payroll deductions to their retirement savings account. The total contributions cannot exceed the prescribed IRS annual limit.
If you take your deferred compensation payments over a period of 10 years or more, those payments will be taxed in the state where you reside, rather than in the state in which you earned the compensation, possibly reducing your state income taxes.
It isn't only corporations, whether public or closely held, that may and benefit from a deferred compensation plan. Sole proprietorships, partnerships and limited liability companies may also receive benefits from such a plan.
It applies broadly to any service provider who earns deferred compensation, including Page 15 15 employees, independent contractors, and non-employee directors. Independent contractors may be exempt from IRC § 409A if certain conditions are met.
To enroll, your employer must participate in the CalPERS 457 Plan. Visit the CalPERS 457 Plan Participating Agencies webpage to access a list of agencies and schools that offer our plan.
Exclusion of Non-US Taxpayers The Section 409A general rule requires that all employees be included regardless of whether they are US taxpayers covered by Section 409A. This requires employers to determine what the non-US taxpayer employees' income would be under US tax rules and then convert it into dollars.