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Frequently Asked Question
UPDATED! Does ERISA apply to and protect my nonqualified deferred compensation plan? What factors distinguish a top-hat plan from an ERISA plan?

As long as the plan is unfunded, subject to creditors in corporate bankruptcy, and offered only to a select management group or to highly compensated employees, these "top hat" plans qualify…

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More FAQs
What can I not do with my NQDC account?
Will I owe any income taxes when I elect to participate, when my income is deferred, or when I receive distributions?
Are there any books that you recommend for more technical guidance on nonqualified deferred compensation?
Do I pay the administrative fees on my plan to enroll? Do I pay back my company for the taxes?
Will my nonqualified deferred compensation be reported in my company’s proxy statement?
Is my nonqualified deferred compensation plan registered under the securities laws with the SEC?
Does ERISA apply to and protect my nonqualified deferred compensation plan? What factors distinguish a top-hat plan from an ERISA plan?
Is there vesting with NQDC plans? Is it possible to forfeit what I have deferred?
Is there any company match or contribution with a nonqualified deferred compensation plan?
Does my participation in the NQDC plan (or the amount I defer) affect other benefit plans, such as my 401(k)?

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