MC Overview - Banks Flashcards
Plan Design
Plan Design
Ensure flexibility of:
1. Plan features
2. Deferral options- salary, bonus, commission, RSU/PSU in either dollar amount or percentage.
3. Payout options (separation of service, specified date and retirement)
4. Investment options - variety including fixed rate
5. Compliance - 409A, 101(j)
409A compliance: “non-qualified deferred compensation” must comply with various rules regarding the timing of deferrals and distributions.
101(j) compliance: (aka COLI Best Practices). Definitions of eligible executives and requirements to obtain consent to insure in order for the death benefit to be non-taxable. For the 2020 plan year, an employee who earns more than $125,000 in 2019 is an HCE. For the 2021 plan year, an employee who earns more than $130,000 in 2020 is an HCE.
Plan Security
Plan Security:
- Trust structure
- Trust document provisions including:
a. liquidity options
b. flexibility
c. fees and services
Plan Audits
Our audits are focused on five areas (see audit 2 pager)
- Plan design
- Plan funding
- Plan security
- Investment performance
- Plan Communication and Administration
As part of our process we will review current plan documents, census data, current funding structure and provide observations and recommendations for plan enhancements
Change in Control
There are 5 plan transition options given a change in control (see change in control matrix) Understanding each option and how each applies the buyer and/or the seller is our focus.
Strategic Fee Income Planning
Strategic Fee Income Planning:
Create additional income streams for the bank by exploring new loan growth opportunities and other fee income strategies.
IRC 280G
Design and structure compensation and benefit plans that maximize the deduction of parachute payments paid to an executive upon a change in control. (See 280G analysis and MC article)
IRC 162M
Design and structure benefit and compensation plans that maximize the $1 million-dollar limit on the amount of deductible compensation paid to the C-Level executives (See MC article on 162M and deferred compensation plans)
M&A
Consult on how a merger or acquisition impacts the company’s:
- executive benefits plans
- eligible group
- plan design differences
- change in control planning options
Asset Structure
Determine which asset structure is best. BOLI vs. Taxable Securities from a tax, accounting, P&L, cash flow costs and cost recovery perspective
Product Selection
Product analysis in all BOLI product types including 1. general account
- separate accounts
- hybrid structure
Evaluate short term and long cost structure and best in class institutional investment options. (See and understand details of our COLI product due diligence)
Tax Impact
Ensure efficient tax structure
P&L Impact
Earnings impact differences between investment options and BOLI structures
Cash Flow Cost
Evaluation of fees and tax impact
Economic Cost
Compare one course of action with that of another; company’s cost of money is always taken into consideration
Carrier and Manager Due Diligence
Insurance carrier strength, credit analysis and investment manager performance