Do you need guidance for negotiating and drafting a non-jurisdictional settlement agreement and release of claims for a single-plaintiff employment dispute? Use our newly published playbook, Settlement...
In May 2025, the SEC’s Division of Trading and Markets, along with a separate statement by SEC Commissioner Peirce, released FAQs that provide long-awaited clarity on the regulatory treatment of...
Both the House and Senate versions of the One Big Beautiful Bill Act (OBBBA), passed by the House on May 22, 2025, and the Senate on July 1, 2025, phase out tax credits for wind, solar, and electric vehicle...
Playbooks help attorneys review, draft, and negotiate contracts efficiently and consistently by comparing favored contract language with fallback language and providing drafting guidance and negotiation...
In the intricate world of M&A transactions, tax considerations often determine deal viability, structure optimization, and ultimate value creation. Navigate the complex landscape where strategic tax...
* The views expressed in externally authored materials linked or published on this site do not necessarily reflect the views of LexisNexis Legal & Professional.
A supplemental executive retirement plan (SERP) is a specific type of top-hat plan that supplements an employee’s qualified plan benefits. The plan can be structured so that it doesn’t simply supplement the qualified plan in which the executive participates, making employer contributions above applicable IRS limits; it also can allow participants to elect to defer a portion of their salary and/or bonus into the plan, like other non-qualified deferred compensation (NQDC) plans whose sole focus is deferral (and growth) of the executive’s money. This is often referred to as an elective NQDC plan. Section 409A compliance is imperative. What about investment? If it’s an individual account plan (defined contribution plan), the employee’s benefit is in their individual account. To avoid taxation, it’s not a real, actually funded account; it’s just a bookkeeping account. The plan can provide for its notional investment, often allowing the executive to direct the investment of their individual account, sometimes with reference to the same mutual funds (or other) investments available in the employer’s 401(k) plan.
Read now »
Related Content
Practical Guidance Updates Featuring the latest updates from your Practical Guidance account.
PRACTICAL GUIDANCE CUSTOMER EMAIL EDITION ON THE WEB
Experience results today with practical guidance, legal research, and data-driven insights—all in one place.Experience Lexis+