Split dollar helps attract and keep high-value employees

Executive retention is now at an inflection point as businesses seek to reward and recruit highly valuable employees. Recent economic events have accelerated businesses’ need to hold on to their best talent, while other competitive factors have put strains on the traditional employer-employee relationship. Modern qualified plan arrangements still provide a financial connection between employers and employees, but today’s marketplace demands something much different to attract and retain highly valued employees.

The advisor who understands this dynamic and takes the necessary steps to meet the demand can help provide a unique value-add for their business-owner client. And having a firm grasp on the world of nonqualified arrangements is key. A mountain of research supports the wisdom of this foresight. A recent survey has shown an uptick in nonqualified plans being used by companies to keep their compensation and benefits competitive.

What is a nonqualified benefit?

Although there is no formal definition, a loan regime split-dollar life insurance plan, called split dollar, is not subject to most of the participation, vesting and reporting requirements of the Employee Retirement Income Security Act. Please note that these plans are not typically used to replace tax-qualified plans such as 401(k)s and profit-sharing arrangements, but they selectively offer additional employer-sponsored incentives for high-ranking executives.

Retaining the right to select certain key employees adds to the sense of exclusivity that many executives seek in return for their services. In fact, exclusivity is a prerequisite for these plans. The loan regime split-dollar life insurance strategy offers an attractive value-add that both a company and its key employees can benefit from.

Split-dollar arrangements are a type of nonqualified agreement between two parties to allocate the rights and responsibilities of a life insurance policy. Although no single strategy fits all situations, this nonqualified type of plan is particularly effective at providing valuable life insurance protection for key employees while securing cost recovery for a business.

How it works

Employers and their tax advisors must be aware that split dollar is classified as a welfare benefit plan under ERISA. There are no participation, vesting or funding requirements, but there are limited reporting, administration and fiduciary obligations. Compared to the rigorous protections and procedures of qualified plans, split dollar can be an attractive option.

Regulations create two mutually exclusive regimes for split-dollar life insurance nonqualified executive benefits:

1. The policyowner provides economic benefits to the non-owner.

2. The non-owner makes loans to the owner.

In this case, an insured employee is the owner and a business is the non-owner of the policy. The business pays the premium on behalf of the executive, with each payment treated as a loan subject to an adequate rate of interest.

Under the loan regime split dollar, the insured employee-owner collaterally assigns the policy to the employer to secure eventual reimbursement of the premium advances. This is an important selling point for a business seeking cost recovery. However, a business may not take a tax deduction for the annual premium. Although this may seem obvious, it remains a point worth highlighting, as each premium is categorized as a loan of which the business is the eventual beneficiary rather than deductible compensation.

Employee tax advantages are key

Alhough they seem complicated, the key to understanding loan-based split-dollar arrangements is to know that as the actual legal owner of the policy, the employee is not taxed on the equity buildup in the policy. Compare that to an endorsement split-dollar treatment, where a transfer of a policy to the employee is fully taxable with no offset for basis.

Most executives are not especially motivated by the “reward” of additional taxable income. However, these same employees are very interested in obtaining access to supplemental income with no additional income tax burden. Adding a nonqualified benefit such as loan split dollar on top of a current qualified plan provides a tax diversification scenario that most executives rarely enjoy from their employers.

A win-win scenario

A loan split-dollar arrangement can offer a “best of both worlds” scenario in the nonqualified executive benefits arena. A key employee can receive supplemental retirement income and death benefit protection in a tax-efficient manner, while the employer enjoys cost reimbursement for loaned premium dollars.

With minimal ERISA requirements, this flexible strategy offers lower costs and less complexity to an employer who wants to retain a key employee in the competitive employee benefits marketplace. Every advisor should add this powerful tool to their financial planning toolbox.

A few things to keep in mind:

• Under an economic split dollar arrangement, the value of the life insurance afforded the employee is taxable to the employee. The employer should provide the employee with tax reporting based on requirements specified in the tax code. The parties to the economic split-dollar arrangement should seek their own independent legal and tax advice as to whether and how to enter an economic split-dollar arrangement based on the employer’s and employee’s unique circumstances.
• Under a split dollar agreement classified as a welfare benefit plan, the employee must belong to a select group of management, which includes quantitative and qualitative elements. To meet the quantitative standard, plans should be limited to the top 15% of the workforce. To meet the qualitative test, a significant disparity should exist between the average compensation of the top-hat group and the average compensation of all other employees.
• Under a loan split dollar agreement, the employee enters into an agreement with the employer. The insurance company is not a party to this agreement and the insurance company’s only obligation is to administer the policy it issues (consistent with the policy’s terms and conditions).
• Please consult with and rely on a qualified legal or tax advisor before entering into or paying additional premiums with respect to such arrangements.

Andrew Rinn, JD, CFP, CLU, ChFC, is assistant vice president of advanced sales strategy at Sammons Financial Group. Contact him at [email protected].