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Life · Chapter 11 · Qualified vs Non-Qualified

Non-Qualified Plan

Definition
Does NOT meet federal requirements → no favorable tax treatment: contributions are not deductible and the employer may legally discriminate in favor of key employees, directors, and officers. May be funded (assets held in trust/escrow) or unfunded (employee relies on the employer's unsecured promise). Examples: deferred compensation, SERPs, incentive plans.
Example
A man deposits $150/month into a savings account 'for retirement' — good intentions don't qualify a plan; deposits and interest stay taxable every year.
Easy to confuse with

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Verified against primary sources · 2026-08-10