Vesting of Compensation for Employees in Professional Practice like RSUs

[thomashackett]

Hey-

Talking to a friend who is applying for a job at a tech company, and I'm interested in duplicating the Restricted Stock Unit (RSU) part of his compensation package at my company. What I like about the RSUs is that they are awarded each year and the RSUs for each year vest over the next 4 years (6.25%/quarter). I have a legal practice with 5 team members, and so I'm not sure how I could duplicate this.

We have a 401(k) plan, but the vesting of the match and profit share in it vests based upon the first day of service with our company. After 4 years of service, all of a team member's previous match and profit is vested. Then all future matching matching and profit sharing is fully vested. Again, what I would like is to have the match and profit share - or other extra compensation - for each year vest gradually over the next 4 years. 

 

Thoughts on how I might be able to accomplish this are appreciated.

Thomas

[thomashackett]

Looking at this more, I think I can do this with an employment agreement, and I just need to make sure that I don't violate IRC 409A, which I don't think will be an issue as I plan to do this where I pay on vesting.