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Category Archives: Nonqualified Deferred Comp
Motorola Freezes Defined Benefit Plan and Ends 401(k) Match
In a sign of the times, Motorola announced that, effective March 1, 2009, it is freezing its defined benefit plan and, effective January 1, 2009, it will end matching contributions to its 401(k) plan. Motorola also announced that its co-CEOs … Continue reading
Interim CEO is Covered Employee for Purposes of 162(m) Tax Deduction
At what point does a member of a corporation’s board of directors qualify as an “outside director” of purposes of Code section 162(m)(4)(C)(i) after serving as an interim chief executive officer? The IRS answered this question today in Rev. Rul. … Continue reading
Posted in Compensation, IRS, Nonqualified Deferred Comp
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Correcting Operational Failures in Non-Qualified Deferred Comp Plans
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
Posted in Final 409A Regs, IRS, Nonqualified Deferred Comp
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Savings Clause Now Disregarded in Deferred Comp Plans
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
Posted in Final 409A Regs, IRS, Nonqualified Deferred Comp
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