Deferred Compensation Agreements are sophisticated legal instruments used by organizations to provide tax-advantaged compensation arrangements for key employees and executives. These agreements, governed by United States law, allow individuals to postpone receiving a portion of their earnings until a future date, typically retirement or another specified event. The document must be meticulously drafted to ensure compliance with Internal Revenue Code Section 409A, which governs nonqualified deferred compensation arrangements and imposes strict requirements on timing of deferrals and distributions. The agreement becomes necessary when companies wish to offer additional compensation benefits beyond qualified retirement plans, help executives with tax planning, or create golden handcuffs to retain key talent. It includes detailed provisions about deferral amounts, vesting schedules, distribution triggers, and compliance requirements, while also addressing various scenarios such as change in control events or early termination.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identifies the employer and employee/executive entering into the agreement
2. Background: Establishes the context and purpose of the agreement, including the intention to provide deferred compensation in compliance with Section 409A
3. Definitions: Defines key terms including Deferred Compensation, Separation from Service, Change in Control, and other 409A-compliant terms
4. Amount of Deferred Compensation: Specifies the amount or formula for determining deferred compensation and timing of deferrals
5. Vesting Provisions: Details the vesting schedule and conditions for the deferred compensation
6. Distribution Provisions: Specifies the timing and form of payment distributions in compliance with 409A requirements
7. Payment Triggers: Defines permissible payment events (e.g., separation from service, disability, death) in accordance with 409A
8. Funding and Security: Describes any trust arrangements or other funding mechanisms, noting the unfunded nature of the arrangement
9. Administration: Details how the plan will be administered and who has authority to interpret provisions
10. Claims Procedures: Outlines the process for submitting and appealing claims
11. Amendment and Termination: Specifies conditions under which the agreement can be modified or terminated
12. General Provisions: Includes standard contractual provisions such as governing law, notices, and entire agreement
1. Change in Control Provisions: Additional provisions specifically addressing treatment of deferred compensation upon a change in control event
2. Golden Parachute Limitations: Include when payments might trigger excise taxes under IRC Section 280G
3. Competing Activity Restrictions: Non-compete and non-solicitation provisions, if applicable
4. Performance-Based Compensation: Special provisions for performance-based compensation with different deferral election timing rules
5. International Tax Provisions: Include for executives who may be subject to tax in multiple jurisdictions
6. SERP Provisions: Additional provisions if the agreement includes supplemental retirement benefits
7. Rabbi Trust Provisions: Detailed trust provisions if a rabbi trust is being used to hold deferred compensation assets
1. Schedule A - Deferral Elections: Details of the executive's initial deferral elections and timing
2. Schedule B - Vesting Schedule: Detailed vesting schedule and any acceleration provisions
3. Schedule C - Distribution Election Form: Form for specifying the timing and form of distributions
4. Schedule D - Beneficiary Designation Form: Form for designating beneficiaries for death benefits
5. Schedule E - Performance Metrics: If applicable, details of performance-based vesting conditions
6. Appendix A - Section 409A Compliance: Detailed provisions ensuring compliance with Section 409A requirements
7. Appendix B - Definition of Change in Control: Detailed definition of change in control events under 409A
Find the exact document you need
Employee Employment Agreement
A U.S.-governed agreement establishing employment terms and conditions between employer and employee, including duties, compensation, and mutual obligations.
Download
Employee Deferred Compensation Agreement
A U.S.-governed agreement establishing terms for deferring employee compensation to future dates, compliant with IRC 409A.
Download
Employee Compensation Contract
A US-compliant legal agreement defining the compensation terms between employer and employee, including salary, benefits, and performance-based compensation.
Download
Bonus Agreement Employee
A U.S.-compliant legal agreement establishing terms and conditions for employee bonus compensation.
Download
Operating Agreement Non Compete Clause
A U.S.-governed legal provision within an Operating Agreement that restricts competitive business activities among company members and key personnel.
Download
Consulting Agreement With Stock Options
A U.S.-governed agreement establishing consulting services with stock option compensation.
Download
Employee Equity Compensation Agreement
A U.S.-governed agreement defining terms for employee equity compensation, including grant details, vesting, and exercise conditions.
Download
Employee Agreement Form
A U.S.-compliant legal agreement establishing employment terms and conditions between employer and employee, subject to federal and state employment laws.
Download
Executive Retention Bonus Agreement
A U.S.-governed agreement establishing terms for executive retention bonuses, including payment conditions and retention requirements.
Download
Executive Bonus Agreement
A U.S.-compliant contract establishing terms for executive performance-based compensation and bonus structures.
Download
Compensation Reduction Agreement
A U.S.-compliant agreement documenting the terms of an employee's compensation reduction.
Download
Retention Bonus And Severance Agreement
A U.S.-compliant agreement establishing terms for retention bonus payment and severance benefits.
Download
Employee Bonus Incentive Agreement
A U.S.-compliant agreement establishing terms for employee bonus compensation and payment conditions.
Download
Incentive Bonus Agreement
A U.S.-compliant agreement establishing terms for employee performance-based bonus compensation.
Download
Deferred Compensation Agreements
A U.S.-governed agreement establishing terms for deferring employee compensation to a future date, structured to comply with IRC Section 409A requirements.
Download
Stock Award Agreement
A U.S.-governed agreement detailing the terms of stock awards granted by a company to its employees or other eligible recipients.
Download
Referral Compensation Agreement
A U.S.-governed agreement establishing terms for referral-based compensation between parties.
Download
Independent Contractor Compensation Agreement
A U.S.-compliant agreement defining compensation and terms between a company and independent contractor.
Download
Compensation For Signing A Non Compete Agreement
A U.S.-governed agreement providing compensation to employees in exchange for post-employment non-competition restrictions.
Download
Transition Bonus Agreement
A U.S.-governed agreement specifying terms and conditions for employee transition bonus payments.
Download
Severance Payment Agreement
A U.S.-governed agreement between employer and employee defining separation terms and severance compensation.
Download
Severance Pay Non Compete Agreement
A U.S.-governed agreement combining severance payment terms with non-competition restrictions for departing employees.
Download
Salary Deferral Agreement
A U.S. legal agreement establishing terms for postponing payment of a portion of an employee's salary to a future date.
Download
Employee Retention Bonus Agreement
A U.S.-governed agreement establishing terms for employee retention bonuses, including payment conditions and obligations under federal and state laws.
Download
Employee Bonus Agreement
A U.S.-compliant legal agreement defining terms and conditions for employee bonus compensation.
Download
Hiring Bonus Agreement
A U.S.-governed agreement specifying terms and conditions for payment of a hiring bonus to new employees.
Download
Deferred Salary Agreement
A U.S.-governed agreement establishing terms for deferring employee salary payments to a future date, compliant with IRC Section 409A and related regulations.
Download
Commission Pay Agreement
A U.S.-compliant legal agreement establishing commission-based compensation terms between employer and employee/contractor.
Download
Equity Grant Agreement
A U.S.-governed agreement that documents the terms of equity grants from a company to recipients, including vesting and transfer terms.
Download
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)