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ARTICLE · 06 MARCH 2013

Deferred Compensation - Income, Asset Or Both?

Fox Rothschild LLP
Fox Rothschild LLP
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Very often, we deal with cases where our client or his/her has compensation from employment that is more than just salary plus bonus.

United StatesEmployment and HR

Very often, we deal with cases where our client or his/her has compensation from employment that is more than just salary plus bonus. Rather, with all of the financial services companies, pharmaceutical companies and other corporations in this area, we see all sorts of different compensation structures, including stock options, restricted stock, RSUs, REUs, etc.  Moreover, when the employee is in management or higher up in the company, the types of deferred compensation and/or equity plans can get even more complex.  Further, by its very nature, deferred compensation is not realized as income immediately, but usually over several years, typically 3 to 5 years.  Often it vests in two ways.  On way is serial vesting - 100 options are granted which vest over 5 years - 20 per year.  Sometime there is cliff vesting which means that the options all vest in year 5.  When an employee has been with a company for several years, then often start to have deferred compensation

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