The Employee Deferred Compensation Agreement is a crucial document used when companies wish to provide key employees with the option to defer compensation for tax planning and retirement purposes. This agreement, governed by U.S. federal and state laws, particularly IRC Section 409A, outlines the structure and operation of the deferred compensation arrangement, including election procedures, vesting requirements, and distribution terms. It's commonly used for executive compensation packages and must carefully address compliance requirements to avoid significant tax penalties. The agreement typically includes provisions for funding mechanisms, investment options, and change-in-control scenarios.
Employee Deferred Compensation Agreement for the United States
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Key Requirements PROMPT example:
Employee Deferred Compensation Agreement
"I need an Employee Deferred Compensation Agreement for our California-based tech company that allows senior executives to defer up to 75% of their annual bonus, with a 5-year vesting schedule starting January 2025 and includes rabbi trust provisions."
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1. Parties: Identification of employer and employee
2. Background: Context of the agreement and employment relationship
3. Definitions: Key terms used throughout the agreement
4. Deferred Compensation Amount: Specification of compensation to be deferred and calculation methods
5. Deferral Elections: Timing and procedures for making deferral elections
6. Distribution Provisions: Terms and conditions for payment of deferred compensation
7. Vesting Schedule: Timeline and conditions for vesting of deferred compensation
8. Change in Control Provisions: Impact of ownership changes on deferred compensation
9. Term and Termination: Duration and termination conditions of the agreement
1. Investment Options: Available investment choices for deferred amounts - include when employees have discretion over investment of deferred amounts
2. Rabbi Trust Provisions: Terms of trust arrangement for securing deferred compensation - include when employer establishes a rabbi trust
3. Non-Competition Provisions: Restrictions on competitive activities - include when agreement includes restrictive covenants
4. International Tax Provisions: Special provisions for international employees - include when agreement covers international employees
1. Schedule A - Deferral Election Form: Standard form for making initial and subsequent deferral elections
2. Schedule B - Distribution Election Form: Form specifying timing and method of distribution
3. Schedule C - Vesting Schedule: Detailed vesting terms and conditions
4. Schedule D - Investment Options: List of available investment options and procedures
5. Appendix A - 409A Compliance Provisions: Detailed provisions ensuring compliance with IRC 409A
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