Nonqualified Deferred Compensation - Forfeiture of Benefits

Forfeiture of Benefits

Some common provisions relating to forfeiture of benefits in unfunded deferred compensation plans include:

• Termination of employment prior to a specified vesting date, if the plan contains vesting provisions.
• If employee terminates prior to attaining normal retirement age, death, or disability.
• If employee terminates and enters into competition with the employer.
• If employee is terminated for "cause."

Forfeiture provisions usually will be included only if the amounts deferred are supplemental benefits provided by the employer; normally the employee would not voluntarily defer current compensation if there is risk that he or she will forfeit those amounts (however, as discussed below, deferral plans for tax-exempt organizations often must include forfeiture provisions).