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Employee Benefits Law Group

Employee Benefits Law Group

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Employee Benefits Law Group
Home > What We Do > Equity & Executive Compensation > Non-Equity Based

Non-Equity Based

Building Comprehensive Non-Equity Compensation Plans

Our most successful clients use well-crafted, non-equity based compensation programs to attract and retain top talent.

We can successfully provide any non-equity compensation program you may need.

After nearly 30 years of focusing strictly on employee benefits law, we can quickly assess employers’ needs and work smoothly with their other advisors to design, document and implement executive compensation programs that are tailored to their needs, including:

  • Nonqualified deferred compensation—elective, nonelective or both.
  • Supplemental executive retirement plans (SERPs).
  • Change in control/severance arrangements.
  • Financing arrangements using rabbi trusts.

Starting with Your Goals

We start by listening to what you’re trying to accomplish with any program, then build a custom program to achieve your goals. Plans can use a wide range of design features, limited only by certain statutory and regulatory rules. Some common options include:

  • Simple vesting schedules or complex vesting schedules based on performance factors (e.g., tied to EBITDA).
  • Class year vesting, where each year’s deferred compensation is subject to its own vesting schedule.
  • Possibility of forfeiture for violation of anti-competition provision or termination for cause.
  • Single-sum distributions or installment distributions, with or without participant elections.
  • An ability to treat each participant differently at the employer’s discretion under a single-plan document.

The Value of Experience

Our experienced team knows the pitfalls that any non-equity program may face and how to avoid them. Some of these challenges include:

  • Code section 409A compliance.
  • Determining if the plan is an ERISA “pension” plan and must be limited to the “top hat” group.
  • Code section 280G “golden parachute” penalties.
  • Reasonable compensation concerns for corporate governance.
  • Deductibility of benefit payments.
  • Employment tax issues.

Work with an experienced team to help you ensure the best outcome for your non-equity compensation programs.

Equity & Executive Compensation Plans

  • Equity Based
  • Non-Equity Based
  • 457(b) and 457(f) Plans
  • Employment Agreements

Equity and Executive Compensation Team

  • Ken Ruthenberg
  • Jim Paul
  • Kevin Long
  • Marcel Weiland

Let’s Start a Conversation

Have questions about your current benefit plan? Want to know what your benefit plan options are? Whatever your need, we’re here to help. Fill out a hassle-free request form, and one of our team members will follow up to get you on the path to success.

Get In Touch

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Our experienced team guides you in all aspects of ESOPs, M&A due diligence, retirement plans, equity / compensation, and health and welfare benefits.
Sacramento Office
916-357-5660
11231 Gold Express Dr.
Suite 108
Gold River, CA 95670
San Jose Office
408-467-3860
2033 Gateway Place
Suite 500
San Jose, CA 95110
Phoenix Office
2550 W. Union Hills Dr.
Phoenix, AZ 85027
Los Angeles Office
310-571-8896
10880 Wilshire Blvd
Suite 1101
Los Angeles, CA
90024
San Diego Office
916-357-5660
550 West B Street
San Diego, CA 92101
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