Miles & Stockbridge understands that to attract and retain executive talent, effective executive compensation plans must reflect market realities, in terms of investment environment and the latest compensation strategies. We advise public and private companies on all aspects of deferred compensation planning for executives. Our lawyers are familiar with the tax, accounting, disclosure, and securities law considerations such plans require, and we focus on helping our clients thoroughly understand the key issues in adopting an executive compensation arrangement. We help companies draft plans that make allowances for contribution limits on qualified retirement plans.
We help our clients comply with all administrative and legal requirements regarding the full range of executive compensation plans, as well as targeted incentive-for-performance pay plans and bonus plans. We work with our clients’ in-house benefits and tax personnel and their advisers on the proper design of supplemental executive retirement plans (SERPs) and “mirror” supplemental savings plans that are coordinated with an existing qualified 401(k) savings plan. We also modify existing plans to account for changing market realities that may make stock options and other equity compensation plans more or less financially attractive and motivationally effective. Our primary focus is to ensure that non-qualified plans comply with all tax and ERISA regulatory guidelines, including 409A.