Frequently Asked Questions

Executive Benefits5 Q&A

Gideon Capital — gideon-capital.com

Gideon Capital advises business owners and senior executives on coordinating executive benefit programs — deferred compensation, captive insurance, and key-person planning — with their broader wealth management strategy.

All Questions & Answers
1.What is a Nonqualified Deferred Compensation (NQDC) plan?
A Nonqualified Deferred Compensation (NQDC) plan allows executives to elect to defer a portion of their salary or bonus into a tax-deferred account before taxes are withheld. Unlike 401(k) plans, NQDC plans have no IRS contribution limits, making them particularly valuable for highly compensated executives who want to accumulate substantial tax-deferred wealth beyond the qualified plan thresholds.
2.What is a SERP and how does it differ from a 401(k)?
A Supplemental Executive Retirement Plan (SERP) is a company-funded defined benefit arrangement that promises executives a specific retirement income supplemental to their qualified plan benefits. Unlike a 401(k), the company — not the executive — makes all contributions and bears investment risk. SERPs are often informally funded through corporate-owned life insurance (COLI) policies.
3.What is Corporate-Owned Life Insurance (COLI) and how is it used?
Corporate-Owned Life Insurance (COLI) is a life insurance policy owned by and payable to the company upon the death of a key employee. Companies use COLI as a tax-advantaged vehicle to informally fund nonqualified benefit liabilities, hedge the cost of executive benefits, and provide key-person protection. The policy's cash value grows tax-deferred, and death benefits are generally received income-tax-free.
4.What is a Section 162 Executive Bonus Plan?
A Section 162 executive bonus plan allows a company to pay ('bonus') the premium for a permanent life insurance policy owned by the executive. The company deducts the bonus as compensation, and the executive owns the policy personally. This provides the executive with a growing personal asset funded by the company, without the complexity of a trust or formal plan document.
5.How do executive benefit plans help with talent retention?
Nonqualified deferred compensation plans and SERPs can include vesting schedules and forfeiture provisions that create powerful 'golden handcuff' effects. If an executive leaves before a specified date or condition is met, unvested amounts are forfeited — providing a meaningful financial incentive to remain with the organization.