Deferred Compensation (DCP Plan)

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DCP Plan

401(k) Plan Alternative

The Deferred Compensation Plan, or the DCP Plan, was developed for employees ineligible to participate in the 401(k) Plan due to IRS contribution limits. The plan is administered by Fidelity NetBenefits.



Team Members who meet the IRS definition of a highly compensated employee (those who earned $150,000* or more in 2023) may elect once a year in December to participate in the OSI Restaurant Partners, LLC HCE Deferred Compensation Plan (the “DCP Plan”) in 2024.

If you meet or are projected to meet the eligibility requirements, you will be notified and offered the opportunity to participate in the election period for 2024, held Dec. 11 through Dec. 27, 2023. Distributions are processed in January each year. Please note – if your actual earnings are determined in December to fall below the highly compensated limit, you will be notified and your DCP Plan elections for next year will be canceled, and you will be able to contribute to the 401(k) Plan instead.

*Distributions earned under the PEP Plan do not count towards the $150,000 threshold.

How the Plan Works

Participating in the DCP Plan provides important tax benefits along with opportunities for investment.


You’ll be notified of your eligibility to participate in the election period.


You can choose the amount of your pay to defer to the plan on a pre-tax basis:

  • Base Salary: 5% to 90% of eligible base salary.
  • Monthly Bonus: 5% to 100% of eligible bonus.
  • Annual Bonus: 5% to 100% of your eligible bonus.

The deferral election(s) you make for a given calendar year are locked in and cannot be changed until the following year.


You’re immediately vested (have full ownership) in the amount you defer and in any investment earnings on those amounts.

Investment Options

Choose from several record-keeping investment options to suit your goals, time horizon, and risk tolerance.


When you enroll, tell Fidelity how you’d like to receive future distributions, which can be paid upon your choice of:

  • Termination/separation from service
  • Selected date three or more years in the future
  • Death
  • Disability
  • Unforeseeable emergency

BBI will process the annual distributions in January in-house via payroll. To take advantage of direct deposit, please ensure your contact and direct deposit information are current within BBI Connect. Otherwise, any distribution due will be paid by check mailed to the home address on file in BBI Connect.

Tax Advantages

Deferring part of your income with the DCP Plan offers clear advantages for saving on current taxes.

Without DCPWith DCP
Eligible pay$150,000$150,000
Deferral amount$0$25,000
Tax bill*$52,500$43,750
Tax savings$0$8,750
*Assumes you’re an unmarried individual paying 35% in federal income taxes on your annual compensation.

Why Participate?

The DCP Plan allows eligible participants to:

  • Defer pre-tax compensation.
  • Reduce taxable income.
  • Utilize tax-advantaged investment options.
  • Schedule penalty-free distributions for short-term goals while employed.
  • Plan for retirement and other long-term savings goals in a tax-effective manner.

Fidelity NetBenefits

401(k) Savings, Retirement Planning & Deferred Comp

Contact Information

401(k): 1-800-835-5095
Retirement Planning & Deferred Comp: 1-800-603-4015

Available Monday through Friday from 8:30 a.m. to 8:30 p.m. ET.

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