Deferred Salary Agreement Template for United States

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Key Requirements PROMPT example:

Deferred Salary Agreement

"I need a Deferred Salary Agreement for our CFO who wants to defer 30% of their annual salary, with payments to begin in January 2025 and spread over 5 years, including provisions for early withdrawal in case of medical emergencies."

Document background
The Deferred Salary Agreement is utilized when an employer and employee wish to establish a formal arrangement for postponing payment of compensation to a future date. This document type is particularly relevant in scenarios involving tax planning, retention strategies, or cash flow management. A properly structured Deferred Salary Agreement must comply with U.S. federal regulations, particularly IRC Section 409A, ERISA, and applicable state laws. The agreement typically specifies the amount of salary to be deferred, investment options if applicable, payment triggers, and tax treatment of the deferred amounts.
Suggested Sections

1. Parties: Identification of employer and employee

2. Background: Context of the agreement and employment relationship

3. Definitions: Key terms used throughout the agreement including relevant regulatory references

4. Amount of Deferral: Specification of salary amount to be deferred and calculation methodology

5. Deferral Period: Timeline for the deferral and payment schedule

6. Payment Terms: Conditions and method of payment of deferred amounts

7. Tax Treatment: Tax implications and responsibilities under IRC Section 409A and other applicable laws

8. Termination Provisions: Circumstances under which the agreement may be terminated and consequences

Optional Sections

1. Investment Options: Details of how deferred amounts may be invested and managed during the deferral period

2. Change in Control Provisions: Impact of corporate changes on deferred compensation arrangements

3. Disability Provisions: Treatment of deferred compensation in case of disability or incapacity

4. ERISA Compliance: Specific provisions relating to ERISA compliance if applicable

Suggested Schedules

1. Schedule A - Payment Schedule: Detailed timeline and conditions for payment of deferred amounts

2. Schedule B - Tax Withholding Details: Specific arrangements for tax withholding and compliance

3. Appendix 1 - Section 409A Compliance: Detailed provisions ensuring compliance with IRC Section 409A requirements

4. Appendix 2 - Investment Guidelines: If applicable, detailed guidelines for investment of deferred amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Internal Revenue Code Section 409A: Regulations governing nonqualified deferred compensation, including tax implications, timing of income recognition, FICA/FUTA tax treatment, and constructive receipt doctrine

ERISA (Employee Retirement Income Security Act): Federal law governing employee benefit plans, including considerations for plan status, funding requirements, fiduciary duties, and reporting obligations

Fair Labor Standards Act (FLSA): Federal law establishing standards for minimum wage, overtime pay calculations, and recordkeeping requirements that must be considered in deferred compensation arrangements

State Wage and Hour Laws: State-specific requirements for wage payment, tax implications, and deferred compensation regulations that vary by jurisdiction

Securities Laws: Federal and state regulations regarding whether the arrangement constitutes a security, including registration and disclosure requirements

Bankruptcy Code: Provisions affecting the protection of deferred amounts and priority of claims in case of employer bankruptcy

Social Security and Medicare: Requirements regarding Social Security contributions, Medicare tax obligations, and their interaction with deferred compensation

State Unemployment Insurance: State-specific requirements for unemployment insurance contributions and their application to deferred compensation

Corporate Governance Requirements: Company-specific and regulatory requirements for approval and implementation of deferred compensation arrangements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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