Category Archives: Final 409A Regs

Correcting Operational Failures in Non-Qualified Deferred Comp Plans

Posted on December 10, 2007 by Administrator

With the applicability dates for the Final 409A Regs looming, the IRS has released Notice 2007-100, which contains corrections to unintentional operational failures. The applicable words are “unintentional” and “operational”. Notice 2007-100 is clear that these corrections are not available … Continue reading →

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Savings Clause Now Disregarded in Deferred Comp Plans

Posted on October 25, 2007 by Administrator

Trends come and go in writing plan documents. The hottest trend over the last year, especially for non-qualified deferred compensation plans, has been to include a savings clause when writing plan documents or amendments. David E. Morse, of K & … Continue reading →

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Compliance with the Final 409A Regs Extended Again

Posted on October 22, 2007 by Administrator

In unequivocal terms today, the IRS extended the deadline to comply with the new Final 409A Regulations from December 31, 2007, to December 31, 2008, for most provisions of these regulations. In Notice 2007-86, the IRS states that the transition … Continue reading →

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FedEx Cup Best Deferred Comp Plan Concept Ever

Posted on September 11, 2007 by Administrator

Georgetown Law is offering a course in Spring 2008 on the Law of ’24″. The course description states: The award winning Fox Television drama series 24 explores America’s fictional response to international terrorism through the eyes of Jack Bauer, a … Continue reading →

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IRS Extends 409A Compliance to December 2008

Posted on September 10, 2007 by Administrator

A few weeks ago, 92 prominent law firms sent a letter to the IRS requesting that the IRS extend the deadline to comply with the new Final 409A Regulations. The firms requested that the deadline of December 31, 2007, be … Continue reading →

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FedEx Cup – A Few More Deferred Comp Details

Posted on August 28, 2007 by Suzanne Wynn

I recently blogged about the FedEx Cup – a golf championship newly created by the PGA this year where players are awarded points throughout a defined 33-week period. At the end of that period, the 144 players with the most … Continue reading →

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PGA Creates a Deferred Comp Plan Called the FedEx Cup

Posted on August 8, 2007 by Suzanne Wynn

The PGA seems to have wandered into the pension universe with the FedEx Cup, a deferred-compensation-plan-slash-golf-championship where participants are publically awarded allocation points based on how well they finish in golf tournaments. The number of allocation points determines a participant/player’s … Continue reading →

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Tribune Deal – Another S-Corp with an ESOP

Posted on May 1, 2007 by Suzanne Wynn

With the release of the Final 409A Regs, the Tribune ESOP deal couldn’t happen at a more interesting time for the ERISA academics among us. Today, Allan Sloan devotes his column in the Washington Post to a summary of the … Continue reading →

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Carnival of Employee Benefits

Posted on April 27, 2007 by Suzanne Wynn

Organizing this first Carnival has been very interesting. Here is this week’s link post for a little light Friday reading – Enjoy! Brian King presents State Universal Healthcare Coverage Initiatives Will Survive ERISA Preemption posted at Brian King’s ERISA Blog. … Continue reading →

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409A Plan Amendment Deadline

Posted on April 26, 2007 by Suzanne Wynn

When the Final 409A Regulations came out earlier this month, I did a quick read of them, and then put them aside. I planned on getting around to thoroughly reviewing them at some point this summer. Because I concentrate on … Continue reading →

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