Structuring Employee Severance/Separation Arrangements: Revisiting Section 409A and its Impact on Deferred Compensation
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide counsel with guidance on structuring employee severance or separation agreements to comply with Section 409A's restrictions on deferred compensation. The panel will discuss key provisions of severance and separation agreements, application of Section 409A and available exemptions, accelerating the vesting of equity awards, and other key considerations.
- 409A issues to be considered in severance plans and agreements
- Severance benefits subject to 409A
- Severance benefits exempt from 409A
- Impact of accelerating the vesting of equity awards upon a termination of employment on 409A
- Discussion of change in control severance arrangements and "regular" severance for purposes of 409A
- Importance of definition of "good reason" for 409A purposes
- Can severance benefits that are subject to 409A be conditioned on a release?
The panel will review these and other key issues:
- When can I cancel/replace/substitute a prior agreement for newly agreed to severance terms?
- Does 409A affect all severance plans and agreements?
- How does 409A impact the drafting of severance plans and agreements?
- What are some best practices for complying with 409A regulations as they relate to severance plans and agreements?
Carrie E. Byrnes
Michael Best & Friedrich
Ms. Byrnes concentrates her practice in employee benefits and executive compensation law. She assists employers and... | Read More
Ms. Byrnes concentrates her practice in employee benefits and executive compensation law. She assists employers and executives with all aspects of their compensation and benefits packages. She counsels on the design, drafting, implementation and administration of retirement plans, health and welfare benefit plans, fringe benefit plans, SEP-IRAs, deferred compensation plans, and equity and equity-based compensation arrangements. She is a frequent speaker on employee benefits topics.Close
Ms. Gokhale has represented a range of public and private equity clients in developing and executing strategic... | Read More
Ms. Gokhale has represented a range of public and private equity clients in developing and executing strategic agreements and arrangements. Her practice includes drafting transactional documents and advising clients on creating and negotiating employment, consulting, severance, cash bonus, equity incentive, retention, and change in control contracts, plans, and agreements, and other executive compensation arrangements.Close