CASD seeks to find an amicable solution within a month of the first session with the help of mediators.
As for the ones after, half the fees are required for payment when registering, and the other half should be paid in case of referral to the court, to encourage disputing parties to reach a settlement at CASD.
Critics say yes, if all goes according to plan, CASD SERPs work very well but then ask what happens if various potential problems occur.
In our experience, however, CASD SERPs are less vulnerable than other types of SERPs to investment risks because CASD SERPs almost always include guaranteed minimum investment returns, backstopped by the insurer's own substantial capital, providing protection against market volatility, and, as a practical matter, the investment expertise and diversification of major life insurance companies will outperform the stock and fund-picking skills of individual credit unions.
Something causes the CASD SERP to terminate prematurely.
In this case, the CASD SERP will pay the executive's designated beneficiary a specified death benefit and the credit union will be repaid all premiums paid, often plus an additional key man death payment.
In this rare scenario, a CASD SERP will typically deny the executive all vested benefits and make the credit union the sole owner of the policy.
Here, the consequences will depend upon the terms of the plan but usually will involve splitting the CASD SERP, where the executive receives a policy equal to their vested benefit and the credit union gets a policy for the rest.
If a CASD SERP is designed (as most now are) to include both recourse, interest-bearing promissory notes from the executive and an automatic acceleration of any premium payments coming due after the executive retires, there should be no adverse accounting effects of a CASD SERP.
Another significant risk of CASD relates to the impact of an early termination of the arrangement.
Beyond the above considerations, it is imperative that credit unions contemplate the accounting impact of any CASD arrangement that is intended to continue into the executive's retirement.
One must question why CASD is rarely used in other economic sectors, but widely promoted in the credit union movement.