An excess benefit plan is one of many types of nonqualified deferred compensation plans established by employers solely to provide certain employees with benefits above and beyond the limitations on contributions and benefits placed on qualified plans under the Internal Revenue Code. Excess benefit plans may be either funded or unfunded by the employer.
 | Example Mighty Rich Corp.'s qualified defined contribution retirement plan provides annual contributions equal to 20 percent of an employee's compensation for the year, subject to the qualified plan annual contribution limit. For VP Phat Katt, who has an annual salary of $300,000, that potential contribution would come to $60,000 (.2 x $300,000). In 2013, however, only $51,000 can be added annually to Katt's qualified retirement plan account because that is the limit for the year. (The amount increases to $52,000 for 2014.) Fortunately for Katt, his employer will credit the remainder of the contribution ($9,000) to a nonqualified deferred compensation account, will credit earnings and losses as if the account were invested in the qualified plan, and will pay out the account when the qualified plan benefits are paid. |
An excess benefit plan that is unfunded is exempt from all ERISA requirements. A funded excess benefit plan is subject to ERISA's reporting and disclosure provisions, its administrative provisions and its fiduciary standards.
However, the Secretary of Labor may exempt a funded excess benefit plan from ERISA's trust requirement. Funded excess benefit plans are exempt from all other requirements of Title I of ERISA (participation, vesting and funding rules) and from the plan termination insurance requirements of ERISA Title IV.
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