Sample Supplemental Executive Retirement Plan Agreement

For example, under a defined benefit SERP at retirement at age 65, a company could agree to pay its COO equal to 70% of its average salary over the past three years over a 20-year period. Since a SERP isn`t offered to all employees, you probably won`t find a predefined package in the personnel manual. In addition, the details of the plans vary greatly from company to company. However, in a typically uncovered agreement, the employer agrees to grant an old-age pension to its executives or HCEs funded by their own dollars. In the case of a defined benefit SER, the most common, the employer usually calculates the benefit on the basis of a lump sum in dollars or a percentage of the worker`s average final salary. Another plan is a defined contribution plan in which the employer regularly contributes to an employee account until retirement, as in the case of a pension plan. The money is invested in the employee`s name until the employee`s retirement triggers the payment. Learn how the plan works, its authorization requirements, and whether you can benefit from participating in a plan. The “unqualified” nature of a SERP means that it operates outside the rules of qualified irs plans such as 401(k) plans. In addition, the “deferred” status of the plan constitutes an agreement to pay the employee at a later date. If a SERP is not funded, the employer promises to pay compensation in the future, but this promise is not assured.

When the plan is funded, the employer places the assets in trust or in a trust in which the employer`s potential creditors cannot claim them. Supplemental pension plans for executives who use life insurance have several advantages for the company: a supplementary retirement plan for executives or SERP is an unqualified deferred compensation plan that a company offers to its managers or other highly compensated employees. Unlike qualified plans, employers do not need to offer a SERP to all employees. SERPs are generally only available to employees of the “Top Hat” group, i.e. executives (such as CEOs, COOs and COOs) and other staff members normally considered “highly compensated” by the IRS. In your early years, when you climb the career ladder, you`re probably not at a high level in a company or indispensable enough to get a SERP offered. While qualified pension plans require testing to ensure that employers do not exceed contribution limits (and employees do not exceed benefit limits), an unqualified plan such as a SERP does not require an equity test and has no contribution or benefit limits. The company reserves annual expenses equal to the present value of electricity from future payments. Because of their many advantages, most companies use present value life insurance to fund the SERP agreement. . . .

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