Executive Compensation

Complex new guidance from IRS makes it imperative to reexamine all executive compensation agreements.

SS&B attorneys consider applicable guidance as we --

  • Represent either the employer-association or the employee-executive in negotiating agreements.
  • Design and document executive employment agreements, including participating in the negotiation of compensation packages, excess benefit plans, executive life insurance programs, and executive medical arrangements.
  • Design and document executive nonqualified deferred compensation plans, supplemental executive retirement plans (SERPs), “mirror”
    401(k) plans and other nonqualified plans; review and amend existing nonqualified plans to ensure timely compliance with Tax Code Section 409A.
  • Advise tax-exempt clients on the use of Section 457(b) and 457(f) plans.
  • Design and document incentive stock option plans, stock appreciation rights (SARs), employee stock purchase plans, phantom stock plans, and other equity-based compensation plans.
  • Design and document executive termination agreements, severance benefit plans, “golden parachute” arrangements.
  • Advise clients on the use of corporate-owned life insurance (COLI), trust-owned life insurance and other insurance products to fund executive compensation plans.
  • Advise clients on tax gross-ups and incentive pay arrangements with deferral features.
  • Monitor and advise clients on special rules and planning techniques for tax-exempt entities.
  • Monitor and advise clients on applicable provisions of the Tax Code, the Sarbanes-Oxley Act of 2002, the American Jobs Creation Act of 2004, and SEC's disclosure rules.

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