BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month March 17, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel ERISA
  • schedule 90 minutes

Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers

Correcting 409A and 457(f) Errors, Group Carveout Plans, Split-Dollar Life Insurance Plans

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$252.45
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Discount expires 1/20/26

This course is $0 with these passes:

CLE
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About the Course

Introduction

This CLE webinar will guide benefits counsel and employers on critical challenges in designing and implementing nonqualified plans. The panel will discuss the application of Section 409A rules and correcting Section 457(f) errors, the implications of the "income inclusion" regulations, and issues stemming from group carveout plans, as well as offer methods to ensure the development of an effective strategy for key employees.

Description

A nonqualified plan is a tax-deferred, employer-sponsored retirement plan used for executives and key employees. These plans are not subject to the full gambit of rules under ERISA as qualified plans but have a unique mix of rules, regulations, and potential drawbacks to navigate.

Bonus plans, group carveout plans, and nonqualified deferred compensation plans (NQDCP) are ripe with potential pitfalls. One of the main issues that arise in disputes relating to these plans is whether or not the plan is subject to ERISA. To ensure that a nonqualified plan is exempt from ERISA, benefits counsel and employers must carefully consider various critical items in drafting or amending plans and other agreements. In either case, employers must ensure that they follow ERISA claims procedures to minimize penalties and liability.

Section 409A applies to most NQDCPs. Distinguishing what is and what is not deferred compensation subject to Section 409A and documenting compliance is critical in designing and implementing NQDCPs. Furthermore, navigating procedures in correcting errors for plans under Section 457(f) is essential to avoid unintended liability.

Listen as our panel discusses Section 409A rules' application, correcting Section 457(f) errors, the implications of the "income inclusion" regulations, group carveouts, and other essential matters.

Presented By

John C. Hughes
Partner
Hawley Troxell, PA

Mr. Hughes focuses his practice in the area of ERISA/employee benefits. He represents clients nationwide relative to issues involving all kinds of employee benefit plans including 401(k), profit sharing, pension/defined benefit, 457, 403(b), nonqualified deferred compensation/409A, employee stock ownership (“ESOP”), governmental, 125/cafeteria, and health and welfare plans. He counsels clients on a broad spectrum of plan-related issues including compliance, fiduciary responsibilities, plan operations and administrative issues, plan corrections, plan design, mergers and acquisitions, litigation, and plan qualification. 

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, March 17, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Pros and cons of nonqualified plans

A. Legal and regulatory framework

B. Administrative challenges

II. Section 409A and correcting Section 457(f) errors

III. Group carveout plans

IV. Best practices for effective nonqualified plan design and implementation

The panel will review these critical issues and more:

  • What are the legal and administrative challenges of nonqualified plans?
  • What are the potential pitfalls of Section 409A?
  • What are the available methods for correcting Section 457(f) errors?
  • What are group carveout plans and how can they be used as incentives for key employees?