Republished: May 28, 2018
Without proper financial planning, you may be paying more taxes on your Non-Qualified Retirement Plan than necessary.
If you have a retirement savings plan with the words ‘Excess Compensation’, ‘Excess Benefit’, ‘Benefits Restoration’, or something similar in the title, you may have a non-qualified retirement plan.
What is a Non-Qualified Retirement Plan?
Employers establish non-qualified retirement plans to circumvent the IRC Section 415 limitations so that their high-income earning employees can save more for retirement. The IRS rule limits both you and your employer’s contribution to your 401(k) based on the first $275,000 of income for 2018. This means that you and your employer can only make contributions to your 401(k) based on the first $275,000 that you earn. When your income exceeds the $275,000 limit, neither you nor your employer can contribute any more money to your 401(k).
Large corporations often want to continue their matching benefit for employees who have income that exceeds this limitation. They do so by establishing a Non-Qualified Retirement plan and depositing the excess matching contributions there. These funds can be invested and grow until the employee’s retirement or departure from the company.
Non-Qualified Plan Tax Risks: Your Non-Qualified Retirement Plan Assets May be Forced Out as Taxable Income in the Year You Retire
If the employee makes no elections, these plans are often paid out as a lump sum very soon after retirement. Receiving all of the proceeds from the non-qualified plan in the year of retirement can cause a substantial portion of this payment be taxed at the highest marginal income tax rate. Without proper planning, you may be paying more taxes than necessary.
For example, if a client receives a $400,000 lump sum Non-Qualified payout instead of annuitizing it over a period of 10 years, they will be in the 35% Marginal Income Tax Bracket, assuming $100k of other income, either a pension, investments, etc. When annuitizing, they will be in the 22% marginal Income Tax Bracket.
What Should You Do When Managing Your Non-Qualified Retirement Plan?
Different companies have different rules regarding payout elections for their Non-Qualified Plans. For example, our Shell clients were required to have made their elections prior to 2009 in order to annuitize the payout of their Benefit Restoration Plan. We work with those of our clients that did not make their elections to time their retirement decision so we can strategically manage and disperse their various payouts and minimize their overall tax burden.
We find that other companies, such as BP Global, allow their employees to make the election for a payout of their Non-Qualified Retirement benefits at the beginning of each year. We proactively assess this payout decision with these clients to ensure a distribution plan to manage cash flow needs and minimize their tax impact.
With proper planning, these plans can be a very useful tool to help provide income in the first few years after retirement. If you have one of these plans, we recommend you speak with a professional advisor, like Willis Johnson & Associates, who specializes in helping corporate executives and professionals minimize taxes and maximize their company benefits.