FDIC proposes prohibition of certain nonqualified retirement plan payments

Article Abstract:

One of the provisions in the Crime Control Act of 1990 added section 18(k) to the Federal Deposit Insurance Act which granted the Federal Deposit and Insurance Corporation (FDIC) authority to regulate golden parachute and indemnification payments by insured depository institutions. Using its authority under section 18(k), the FDIC proposed rules prohibiting insured depository institutions from entering or making golden parachute payments to an institution-affiliated party. Aimed at protecting federal deposit insurance funds from fraud and abuse, the proposed rules represent FDIC's efforts to balance competing policy concerns.

Insurance carriers, not elsewhere classified, Laws, regulations and rules, Golden parachutes, United States. Federal Deposit Insurance Corp.

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Performance-based nonqualified retirement plans: creating value in mergers and acquisitions

Article Abstract:

Performance-based nonqualified retirement schemes (PBNQRs) can be used to positively influence senior management personnel in newly-purchased or merged companies. Many companies are now going into mergers and acquisitions (M&A) for a number of reasons. The management people are the crucial determinant to the success of any M&A transactions and the reward package for these people should be one that would motivate and inspire. PBNQRs are rewards given to individuals upon retirement from the company based on their performance while still employed.

Management, Acquisitions and mergers, Varieties

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Should a company offer a nonqualified retirement program or nonqualified retirement programs - a contrarian view

Article Abstract:

A number of companies still prefer direct cash compensation and simple deferred compensation packages than the nonqualified retirement schemes (NQRP) despite the attractiveness of the latter. NQRP are pledges for deferred compensation without imposing taxes at current values. NQRP have lighter government regulations and are more flexible than qualified plans. However, more companies feel that a higher cash compensation would considerably prolong an employee's tenure.

Analysis

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