Top Hat Plan Definition

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What Is a Very best Hat Plan?

A peak hat plan is a type of employer-sponsored plan that is unfunded. The design of the plan is to provide deferred compensation to the eligible employee group of workers. However, folks in a peak hat plan are normally high-ranking executives and directors.

How a Very best Hat Plan Works

Very best hat plans vary from same old employer-sponsored retirement plans like 401(good enough)s and 403(b)s. By contrast to those plans, top-hat plans are not meant to be tax-qualified. So, they don’t generally offer the equivalent tax benefits of an opt-in employer-sponsored plan. One of the vital primary distinctions of a peak hat plan is that, since the name implies, best certain group of workers can enroll in and have the benefit of this plan. Each company will unravel membership must haves for the sponsored plan. Now not everybody can participate. Even those of identical company stature could have different plans.

Very best hat plans are unfunded, which means that that money contributed to them is not held in trust for the employees. Instead, the valuables keep the property of the employer company until the employee leaves. The employer chooses who can participate and it’ll smartly make a decision whether or not or no longer and what sort of to contribute.  

A nonqualified deferred compensation plan lets in folks to defer income into the plan throughout each calendar year. A supplemental executive retirement plan is funded completely by way of the employer.

Advantages and Disadvantages of a Very best Hat Plan

One necessary get advantages of a peak hat plan is that it does not need to undergo non-discrimination trying out by way of regulatory our our bodies. Folks of the plan can contribute as much as they please, a feat not usual in typical retirement plans that face annual limits. However, contributions to peak hat plans identical to non-governmental 457(b) plans are in an instant taxable. All distributions from peak hat plans are also matter to income tax. 

Thru design, peak hat plans avoid a few regulatory must haves. They are normally exempt from plenty of provisions in terms of funding, vesting, and participation. The plans moreover avoid some accrual and fiduciary duties.

The Employee Retirement Income Protection Act (ERISA) will govern a peak hat plan. Thus, it will have to meet some explicit must haves along with some reporting and disclosure laws. For example, the Inner Source of revenue Supplier (IRS) requires reporting of all employee contributions and employer deferrals to peak hat plans. Contributions appear on the plan sponsor’s Form-W2. 

The plan may also need to come with explicit choices identical to loans, emergency distributions, and age-based catch-contributions. Moreover, the plan will have to follow for peak hat status with the Department of Onerous paintings and care for a reproduction of the applying.

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