Salary Deferral Agreement Template for United States

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Key Requirements PROMPT example:

Salary Deferral Agreement

"I need a Salary Deferral Agreement for our tech startup's senior software engineer who wants to defer 20% of their salary until January 2025, with the option to invest the deferred amount in company stock."

Document background
The Salary Deferral Agreement is commonly used when employees wish to postpone receiving a portion of their compensation for tax planning, retirement savings, or other financial purposes. This document is particularly relevant in the United States where it must comply with IRS regulations, particularly Section 409A, and state-specific employment laws. The agreement typically includes specific details about deferral amounts, timing, investment options (if applicable), and payment terms. It's crucial for both tax planning and ensuring compliance with federal and state regulations governing deferred compensation arrangements.
Suggested Sections

1. Parties: Identification of employer and employee

2. Background: Context of employment relationship and reason for deferral

3. Definitions: Key terms used throughout the agreement including Deferred Compensation, Payment Date, and Plan Year

4. Amount of Deferral: Specific amount or percentage of salary to be deferred and mechanism for election

5. Deferral Period: Timeline for the deferral and payment schedule, including vesting provisions if applicable

6. Payment Terms: Conditions and method of payment of deferred amounts, including timing and form of payment

7. Tax Implications: Tax treatment, withholding obligations, and compliance with IRC Section 409A

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

Optional Sections

1. Investment Options: Details of how deferred amounts will be invested and any associated risks

2. Change of Control Provisions: Impact of company ownership changes on deferred compensation

3. Death Benefits: Treatment of deferred amounts upon death and beneficiary designation

4. Disability Provisions: Treatment of deferred amounts in case of disability

5. Non-Competition and Confidentiality: Restrictions on employee activities and protection of company information

Suggested Schedules

1. Schedule A - Deferral Election Form: Detailed form specifying deferral amounts, timing, and employee elections

2. Schedule B - Payment Schedule: Detailed payment dates, amounts, and distribution schedule

3. Appendix A - Investment Options: List of available investment choices and related terms if applicable

4. Appendix B - Tax Implications: Detailed explanation of tax consequences and compliance requirements

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

IRC Section 409A: Governs deferred compensation arrangements, including rules for timing of deferrals, distributions, and penalties for non-compliance

IRC Section 451: Regulates the timing of income recognition for tax purposes in deferred compensation arrangements

IRC Section 83: Governs the tax treatment of property transferred in connection with performance of services

ERISA: Employee Retirement Income Security Act - covers qualified retirement plans, fiduciary duties, and reporting requirements for employee benefit plans

FLSA: Fair Labor Standards Act - ensures compliance with minimum wage, overtime pay, and record-keeping requirements when structuring salary deferrals

State Wage and Hour Laws: State-specific requirements governing wage payments, deferred compensation, and related tax implications

Securities Laws: SEC regulations pertaining to deferred compensation, especially when involving company stock or other securities

FICA and Medicare Tax Requirements: Social Security and Medicare tax timing and withholding obligations for deferred compensation

Tax Withholding Regulations: Federal and state tax withholding requirements, timing of tax obligations, and constructive receipt doctrine

Uniform Commercial Code: Relevant sections pertaining to security interests in 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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