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Case
#1
Incentive Based Compensation
Profile:
A Mega Auto Dealership owned by a holding company.
Multiple entities include a Bank, Real Estate
Development Company and seven auto dealerships.
Problem:
Ownership wanted to reward key personnel with
an incentive based compensation plan based on
competitive pay practices in the area. A study
would include all facets of executive fringe benefits
including group life and disability recommendations.
BMI Solution:
BMI prepared a comprehensive study and report
of pay practices in the geographic area. The report
pointed out the need for a significant increase
in the equity/retirement sector of the client's
compensation plan. BMI recommended a mini/max
non-qualified pension which would be tied to performance.
In addition, BMI installed a discriminatory group
life plan which provided a portable benefit at
retirement and a disability program for top management.
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Case
#2
401(K) Contributions
Profile:
An international distributor with facilities
in 16 major cities throughout the United States
and Canada.
Problem:
Company has 5,000 employees including 45 senior
management. Company recently terminated their
pension plan and installed a 401(k). The inability
for top management to contribute more than the
415 limit created a concern. In addition, management
wanted to upgrade their disability coverage and
life insurance for this group. While fact-finding,
BMI discovered there was a deferral incentive
plan in place. There was no protection of these
funds from change in control or a sale of the
company. Another concern was the funds were invested
by a local brokerage house and accumulations were
taxable to the company.
BMI Solution:
BMI recommended the deferral program be placed
in a special trust to protect the capital from
any change in management objectives. The trust
was also used to shelter the accumulations from
tax at the corporate level. The plan was expanded
to include the 401(k) excess contributions and
it provided a portable life insurance benefit
to supplement the existing group life. BMI also
designed an executive disability plan for the
senior executives which paid the benefits income
tax free upon disability. |
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Case
#3
Stock Repurchase
Profile:
Recreation employer with 90 full time personnel
but 1,000 seasonal employees.
Problem:
Company had too many shareholders and
wanted to offer a tax wise program to redeem the
stock and reduce the shareholders. In addition,
the company wanted to offer a deferral program
for the full time personnel.
BMI Solution:
BMI reviewed the employee census and shareholder
problems with the client. The most tax wise solution
was an employee stock option plan. BMI worked
with the advisors to educate and implement the
plan. In addition, the company offered limited
benefits because of discrimination concerns. BMI
designed a non-qualified deferral program for
all full time employees which included a death
benefit only provision for beneficiaries. The
plan was elective, however the DBO benefit was
non-contributory.
BMI also designed an incentive compensation plan
for top management as well as enhancing their
disability coverage through a carve out program.
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Case
#4
The Retiring Senior Partner
Profile:
Civil Engineering Firm with 12 partners ranging
in ages from immediate retirement to newly admitted.
Problem:
The senior partner wanted to retire within the
year and the partners wanted to offer a reasonable
buyout alternative.
BMI Solution:
BMI recognized there was a significant difference
between the buy/sell value and the true fair market
value of the firm. After performing an appraisal,
BMI recommended using an ESOP to buyout the partner.
The feasibility study showed a significant savings
to the firm if they used the current valuation.
If they wanted to use the new valuation, the partners
would have had to pay considerably more taxes
in order to buy him out. |
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