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Salary Deferral Agreement: Definition, Terms, Example

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What is a Salary Deferral Agreement?

A salary deferral agreement is a formal, written contract between an employer and employee that outlines the terms of how much money will be withheld from the employee's paycheck to contribute to a retirement plan. This allows employees to save for their future without having to access their cash flow during their working years.

While this may seem like another financial burden on top of an already hectic schedule, not taking advantage of these opportunities can cost more in the long run. An employee should also consider what happens if they are laid off or fired before they retire. Deferring an employee’s salary with a salary deferral agreement ensures that the employee has some savings set aside no matter what.

Common Sections in Salary Deferral Agreements

Below is a list of common sections included in Salary Deferral Agreements. These sections are linked to the below sample agreement for you to explore.

Salary Deferral Agreement Sample

Exhibit 10.4.2

 

GEOVAX, INC.

SALARY DEFERRAL AGREEMENT

 

This Salary Deferral Agreement (the “Agreement”) is entered into as of July 1, 2017 by and between GeoVax, Inc., a Georgia Corporation (the “Company”), and Farshad Guirakhoo (the “Employee”).

 

Whereas, the Company and Employee recognize that it is in the best interests of the Company, its shareholders, and its collective Employees to conserve the Company’s cash resources; and as part of its cash conservation measures, the Company has asked certain of its employees to accept salary reductions and/or deferrals; and

 

Whereas, the Company and Employee acknowledge that this Agreement has been entered into for the express purpose of conserving the Company’s cash resources and not for executive compensation tax planning purposes, and

 

Whereas, Employee currently is currently earning an annualized gross salary of $250,000 (“Base Salary”);

 

Now, therefore, the parties hereby agree as follows:

 

1.

Salary Deferral.

  Effective July 1, 2017, Employee agrees to accept a deferral of 25% of his Base Salary, which amount will be accrued and paid to Employee as described below.

 

2.

Discontinuance of Salary Reduction and/or Deferral

  Employee’s Salary Deferral pursuant to this Agreement shall end upon the occurrence of a significant event (to include financing, corporate partnership, etc., as determined solely by the Company) (the “Discontinuance Date”).

 

3.

Payment of Accumulated Deferred Salary.

  At the Discontinuance Date, the Company in its sole discretion will determine the form of payment to be made to Employee for the accumulated Deferred Salary. Such payment may be made in cash, in the form of Company Stock, or in a combination of cash and stock.

 

 

ACCEPTANCE

       

Employee

   

Date

 
         
         

Agreed:

       
 

GeoVax, Inc.

     
 

By:

     

 


Reference:
Security Exchange Commission - Edgar Database, EX-10.42 8 ex_107983.htm EXHIBIT 10.4.2, Viewed December 14, 2021, View Source on SEC.

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