Executive Bonus and Deferred Compensation Plans

Posted on 11 September 2008

An Executive Bonus Plan is a way for an employer to help a key employee meet personal life insurance needs. The employer pays the insurance premium and treats it as additional (bonus) compensation. The key employee is taxed on the bonus. The employer may pay an additional income tax-deductible bonus to offset this tax. The “premium bonus” plus the “tax bonus” can result in low or no personal expense for the key employee’s own life insurance. For the employer, the plan can help retain key employees and allow the employer to be selective in rewarding certain key employees. For the employee, the plan can provide needed personal life insurance and a hedge against future insurability.

A Deferred Compensation Plan is a contractual arrangement whereby a key employee, usually in a high income tax bracket, will receive a guaranteed number of fixed payments, beginning at retirement, in place of current salary increases or cash bonuses. For the employee, it can allow the employee to remain in a lower income tax bracket, provide money at retirement, and provide money for the family in the event of death. For the employer, it can help retain a key employee, attract a top employee, and be used exclusively for select employees.

In the deferred compensation contract, prepared by an attorney, the employer can agree to pay the employee a specified salary at retirement for a specified number of years, continue payments to the employee’s beneficiary if the retired employee dies before receiving the full number of payments, and pay a death benefit to the employee’s beneficiary in the event of death prior to retirement. The employee usually agrees to remain with the employer until retirement and refrain from competing with the employer after retirement.

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This post was written by:

Ross Yader - who has written 94 posts on Legal Research Center.

A graduate of the University of Miami Law School, the author of this article, Ross Yader, is a California-licensed attorney currently working in private practice in Los Angeles, where his focus is on business and entertainment litigation and contracts. Before going to law school, Mr. Yader graduated with a Bachelor of Science in Government & Politics from the University of Maryland-College Park and worked as a financial analyst in the Business Affairs division at AOL-Time Warner. If you are interested in contacting Mr. Yader regarding possible employment or would like to speak to him about a legal matter, please contact him through the email form below or via telephone at (310) 820-4008. For more information, please visit Mr. Yader's law firm's website at www.BrentwoodLegalGroup.com.

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