White Papers

Non-Qualified Plan Distributions: State Income Tax Sourcing Rules

Are distributions from Non-Qualified Deferred Compensation Plans subject to state income "source" tax (i.e. can the state in which the income was earned impose its state income tax on the distributions from the plan, even though the recipient resides in a different state when reeicing the distribution)? The answer is "yes" unless the distribution meets one of two requirements.

The Key Employee Six-Month Rule and its Application to Public Company Sponsors of NQDC Plans

Public companies sponsoring non-qualified deferred compensation plans are subject to a special rule that requires payments to certain employees (called "specified employees" in IRC 409A) to be delayed for six-months following a seperation from service. This summary is intended to assist sponsors in developing administrative procedures for compliance with this special rule.

FICA Taxation of Deferred Compensation

This paper is intended to summarize for plan sponsors and their financial advisers the FICA taxation of deferred compensation, including the rules for when deferrals are considered "wages" subject to tax and the principles for determining how the tax is calculated.

The Case for Active and Passive Management

Passive investment options continue to grow in popularity and now represent approximately 40% of total equity fund assets1. They are efficient at providing broad exposure to a number of asset classes at a low cost. Active investing provides the potential for higher returns, but at the risk of underperformance, particularly during extended bull markets. Active management benefits from risk oversight and may provide downside protection relative to market benchmarks. We expect the performance of active and passive managers to be complementary over a full market cycle. Retirement plan sponsors that offer a diversified menu of active and passive managers to participants may provide smoother long term returns, as well as gain exposures to asset classes that are otherwise unavailable passively.


 

Correcting a Failure to File the DOL Top Hat Exemption Letter

Top hat retirement plans (unfunded arrangement that benefit a "select group of management or highly compensated employees" and more commonly known as "Non-Qualified deferred compensation plans") are exempt from most of the requirnment of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), including the obligation to file annual information returns with the IRS on Form 5500.

Best Practices in Index Fund Selection

Index funds are a prominent and growing part of retirement plan design, for good reasons. The category has grown remarkably from $327 billion in 2002 to $2.2 trillion in 2015.1 In addition to low expenses, index funds offer simplicity and relative predictability in comparison to actively managed strategies. However, while index funds are commonly referred to as “passively managed” investments, they are not as simple or homogenous as many investorsperceive them to be.

Form and Function: Optimizing Participant-Directed Menus

The objective of a participant-directed menu is to achieve the best
possible investment outcomes for plan participants, given their time
horizons and risk tolerance. As a consultant to both qualified and
non-qualified defined contribution plans, Newport Group’s fiduciary
consulting team has developed what we consider a “best-in-class”
menu design framework that can serve as a starting point for plan
sponsors.

Insurance Company-Owned Life Insurance (ICOLI)

Insurance company owned life insurance (ICOLI) is one of the few vehicles that can help improve tax-adjusted earnings, receive favorable Risk Based Capital (RBC) treatment and enhance the investment choices available to insurers.

The Benefits of BOLI to Financial Institutions

BOLI is an asset class held by the bank which provides an effective vehicle for informally financing both broad-based employer sponsored benefits programs, as well as the cost of employee benefits, matching the long-term nature of the asset with the continual increasing costs.

Determining Eligibility in Non-Qualified Deferred Compensation Plans

A brief overview of current law and evolving industry standards with respect to determining eligibility for non-qualified deferred compensation plans which qualify for the “top-hat exemption” under the Employee Retirement Income Security Act (ERISA).

Copyright © 2015-2023 Newport Group, Inc.  All rights reserved.
Unauthorized access is prohibited. This site is designed for U.S. residents only.

Newport Group, Inc. and its affiliates provide recordkeeping, plan administration, trust and custody, consulting, fiduciary consulting, insurance and brokerage services. 

Investment Advisory and fiduciary consulting services are offered through Newport Group Consulting, LLC, a registered investment adviser. Securities are offered through Newport Group Securities, Inc., a dually-registered investment advisor and broker dealer, member FINRA. Securities in California are offered through Newport Securities Insurance Services. For more information about Newport Group Consulting and its services, Newport Group Securities, Inc. or Newport Securities Insurance Services and services offered, please refer to our Form ADV Part 2, which is available by contacting us at 407-333-2905, visit our website at www.newportgroup.com, or advisorinfo.sec.gov.  

Newport Trust Company is a New Hampshire state-chartered trust company Newport Trust Company provides independent fiduciary and trustee services for employee benefit plans.

Newport Group Consulting, LLC, Newport Group Securities, Inc., and Newport Trust Company are subsidiaries of Newport Group, Inc., an Ascensus Company.