Complying with the New 409A Regulations
Navigating the Complexities of Deferred Compensation
Recording of a 90-minute CLE webinar with Q&A
This seminar will explain the key requirements of 409A for nonqualified deferred compensation plans and discuss steps companies and their counsel should take in designing, modifying and administering the plans to ensure compliance.
- 409A requirements
- Which plans and arrangements are subject to the new rules?
- How are plans exempted from 409A?
- Select key issues
- Elections to defer compensation
- Basic payment rules
- Permissible payment events
- Additional rules for specified employees
- Plan aggregation
- Plan termination rules
- Severance pay/other payment issues
- Good reason provisions
- Safe harbor
- Short-term deferrals
- Reimbursement requirements
- Change of control arrangements
- Incentive arrangements
- Stock rights
- Service recipient stock
- Private equity expansion
- Extending exercise of options
- Amendments of deferred compensation arrangements
- Dealing with non-compliant arrangements
- Income inclusion rules
- IRS corrections program
The panel will review these and other key questions:
- What are the most significant changes for deferred compensation plans under the new 409A regulations?
- What are the penalties for failing to comply with 409A?
- How can employers take advantage of the new IRS correction program for operational failures?
Michael T. Frank
Morrison & Foerster
He focuses his practice in executive compensation and employee benefits. He regularly advises companies on deferred... | Read More
He focuses his practice in executive compensation and employee benefits. He regularly advises companies on deferred compensation arrangements.Close
Steven J. Friedman
He chairs the firm's Employee Benefits Practice Group and has extensive experience analyzing issues related to 409A.| Read More
He chairs the firm's Employee Benefits Practice Group and has extensive experience analyzing issues related to 409A.Close
Carolyn E. Smith
Alston & Bird
She focuses on executive compensation and employee benefits, including nonqualified deferred compensation, qualified... | Read More
She focuses on executive compensation and employee benefits, including nonqualified deferred compensation, qualified retirement plans, health and welfare benefits, and other fringe benefits. She was previously Associate Deputy Chief of Staff of the Joint Committee on Taxation, U.S. Congress. She has developed and drafted major pension, health, and tax legislation, including Section 409A.Close
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