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A deferred income plan is a type of retirement savings plan that allows you to delay receiving your pension or annuity payments until a later date, typically after you've stopped working.
By delaying your income, you can earn interest on your deferred payments, increasing the overall value of your retirement savings.
This can be a great option for those who want to retire early, but need the extra income to support themselves until their deferred payments kick in.
In some cases, deferred income plans can also provide a guaranteed income stream for life, regardless of how long you live.
Taxation and Regulations
NQDC plans are regulated under Section 409A of the Internal Revenue Service code, which is relatively simple compared to qualified retirement plans. This means that deferred compensation is includable in the employee's taxable income when it becomes available.
The employer reports the contributions and earnings as taxable compensation to the employee and takes a deduction when the employee includes the deferred amounts in their taxable income. The employee's contributions and any earnings on those contributions are not taxed until withdrawal, allowing the investments to compound over time without immediate tax implications.
Key tax considerations for deferred compensation include understanding the impact on your tax liabilities, strategies for minimizing tax obligations, and knowing the IRS regulations and guidelines governing deferred compensation arrangements.
Here are some key points to consider:
- Impact of deferred compensation on your tax liabilities: By deferring income, you can reduce your current taxable income, resulting in a lower tax liability, but you'll still be subject to taxation when it's eventually paid out.
- Strategies for minimizing tax obligations: You can use strategies such as deferring a higher percentage of your income each year or deferring compensation into tax-advantaged accounts, like a 401(k) or an IRA.
- Understanding IRS regulations: Knowing the specific rules regarding how deferred compensation can be paid out to avoid penalties and additional taxes is crucial.
Note that deferred compensation plans are non-qualified, meaning the program is essentially a promise by the company to pay out the deferred compensation and investment gain later. This means that the value may never be paid out if the sponsoring company runs into financial trouble or insolvency.
#3 Investment Options
Investment options for Non-Qualified Deferred Compensation (NQDC) plans are similar to those found in qualified retirement plans, such as 401(k) plans. This means participants have a range of choices to grow their deferred funds over time.
Mutual funds, stocks, bonds, and other investment vehicles are all potential options for NQDC plans. Investment options are selected by the participant and may be comparable to those offered in an employer-sponsored 401(k) plan.
High-income earners, who may struggle to contribute a significant portion of their income to a 401(k) plan, can use NQDC plans to achieve other objectives, such as funding their children's education. This is because NQDC plans do not have the same restrictions as qualified plans.
The goal of investing in an NQDC plan is to maximize returns on the deferred funds, allowing them to grow over time.
8 Regulatory Framework
Deferred compensation plans are subject to various regulations, including those outlined in the Internal Revenue Code (IRC). Specifically, Section 457 governs deferred compensation plans for government and non-profit employees.
The IRC provides a framework for deferred compensation plans, which must be carefully reviewed by employees to ensure compliance. This includes understanding the investment options and considering long-term financial goals.
For example, employees taking distributions from pre-tax 457 or 401(k) plans are subject to mandatory federal tax withholding, as well as applicable state and local taxes. This is reflected on the 1099-R form issued at the end of each year.
In contrast, qualified Roth distributions are tax-free. Employees can still participate in deferred compensation plans while contributing to Social Security, but must contribute below 7.5% to avoid impacting their Social Security benefits.
Employers must also comply with IRC regulations, including reporting contributions and earnings as taxable compensation to employees. This is typically done when the deferred amounts are included in the employee's taxable income.
Here are some key regulations to keep in mind:
Reporting Frequency and Deadlines
Reporting frequency and deadlines are crucial for employers to follow when it comes to submitting DCP transmittal reports.
Each payday, employers must submit a DCP transmittal report that reflects program participants' deferral information. This report must be submitted on time to ensure that the participant's money can be invested.
Transmittals not processed within five business days past the payroll date are considered late. This deadline is non-negotiable and must be met to avoid any issues.
Both the transmittal report and the payment must be received and reconciled before the participant's money can be invested. This ensures that the participant's contributions are accurately recorded and invested as intended.
Plan Administration
In a deferred income plan, plan administration is a crucial aspect that ensures the smooth operation of the plan.
The plan administrator is responsible for managing the plan's assets and making decisions on how to invest them.
They are also responsible for communicating with participants, providing them with information about their accounts, and helping them make informed decisions about their investments.
Plan administrators must follow a set of rules and regulations, known as plan documents, which outline the plan's terms and conditions.
These documents are typically created by the plan sponsor and must be approved by regulatory bodies before the plan can be implemented.
2 Pre-Tax Contributions
Pre-tax contributions are a great way to save for retirement, and they can provide an immediate tax benefit to the participant. This is because the deferred amount is deducted from the employee’s salary before taxes are calculated.
In this case, the deferred income is not subject to federal income tax, providing a significant tax benefit. State income tax may still apply, but the federal tax savings can be substantial.
The maximum amount participants may defer from their annual compensation is $23,500, as of 2025. This limit applies to both Roth and pretax deferrals, and the combined deferrals must fall within this limit.
If you're 50 or older, you may be eligible for a catch-up contribution of an additional $7,500. This can be a great way to boost your retirement savings, especially if you're behind on your savings goals.
In 2024, the maximum amount participants may defer from their annual compensation is $23,000. This limit also applies to both Roth and pretax deferrals, and the combined deferrals must fall within this limit.
A 3-year catch-up contribution is also available, which allows participants to contribute an additional $23,000. This can be a great way to accelerate your retirement savings and reach your goals faster.
Deferral Change Report
The Deferral Change Report is a crucial tool for employers to stay on top of changes to DCP deductions. It's available to employers three days before the cutoff date, which is the number of days before payroll the employer sets as the cutoff for accepting changes.
The report will reflect the pay date when deferrals should begin for both new and existing participants. Employers cannot start, stop, increase or decrease an employee's deferral until the change appears on the report.
The report will also show the pretax and/or taxed (Roth) amount(s) elected by the employee. This is important information for employers to update the payroll system accurately.
A "C" indicator reference will be included for three-year deferral catch-ups. This is a key detail for employers to note when reviewing the report.
Deferral changes will be reported to employers on the Deferral Change Report, which they can use to update their payroll system.
Vesting Periods
Vesting periods can be a crucial aspect of Non-Qualified Deferred Compensation (NQDC) plans, and it's essential to understand how they work.
Employees who leave the company before the vesting period is complete may forfeit some or all of the employer-contributed funds.
NQDC plans allow employers to determine the vesting schedules, which means they can decide how long it takes for employees to own the employer-contributed funds.
This gives employers flexibility in designing their plans to meet their specific needs and goals.
The length of the vesting period can vary, but it's typically tied to the employee's years of service or a specific date.
Distribution and Withdrawal
You can take distributions from your deferred comp account as a lump sum, periodic payments, or other agreed-upon methods when you reach a specified triggering event, such as retirement or leaving your employer.
Early withdrawals before the triggering event may result in penalties, including taxes and penalties, which can discourage you from accessing the funds before retirement.
You'll be required to pay income tax on the funds you withdraw from your pre-tax 457 or 401(k), with mandatory federal tax withholding and applicable state and local taxes.
Here are some key points to consider:
- Distributions from pre-tax accounts are subject to income tax and mandatory federal tax withholding.
- Qualified Roth distributions are tax-free.
- You may be subject to penalties for early withdrawal.
Pension Plan Withdrawal Tax Reporting
You're required to pay income tax on the funds you withdraw from a pre-tax 457 or 401(k). This tax is mandatory, and you'll also need to pay applicable state and local taxes.
The tax withholding process is straightforward: you'll receive a 1099-R at the end of each year reflecting the amounts paid to you and withheld for taxes.
Qualified Roth distributions are tax-free, which is a nice perk if you're eligible for this type of distribution.
Here's a breakdown of the tax implications of withdrawing from a pre-tax 457 or 401(k):
Remember, tax laws and regulations can be complex, so it's always a good idea to consult with a tax professional to ensure you're in compliance.
Distribution Options
You have several options for receiving distributions from your deferred compensation account. You can take a lump sum, periodic payments, or other agreed-upon methods.
To receive distributions, a triggering event such as retirement or leaving your employer must occur.
If you're planning to leave your employer, you should arrange to defer a portion of your lump sum payment, such as a cash out of unused annual leave, at least 30 days before separation.
Deferrals from severance payments are not allowed.
Here are the steps to initiate a deferral from a lump sum payment:
- Name of participant
- Amount of lump sum
- Whether deferral is pretax or taxed (Roth) or a combination of both
- Date DRS expects the deferral
If the lump sum payment date changes, contact DRS at 360-664-7111 or email them to adjust the deferral.
Frequently Asked Questions
Is deferred income a good idea?
Deferring income can be a good idea if it helps reduce your tax rates, but it's essential to consider the impact on your Social Security and Medicare taxes
What is the difference between a 401k and a deferred plan?
A 401(k) has a formally established account, whereas a deferred compensation plan relies on a promise from the employer to pay the funds at a specified time. This difference affects how the plans are funded and managed.
Sources
- https://www.voya.com/voya-insights/retirement-income-deferred-compensation-plans
- https://www.brightonjones.com/blog/deferred-compensation-a-guide-for-executives/
- https://www.nyc.gov/site/opa/my-pay/deferred-compensation-plan.page
- https://www.drs.wa.gov/employer/ch11/
- https://en.wikipedia.org/wiki/Deferred_compensation
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