2/29/2008: Possible Fixes for New 162(m) Problems (Michael S. Melbinger via Winston & Strawn LLP)
Excerpt: "Every corporation with plans and agreements potentially affected by the new rule will need to consider whether to revise its plans and agreements, and if the answer is affirmative, how to revise its plans and agreements to best achieve the original purposes of the acceleration. Remember, the new ruling would deny deductibility to plans and agreements with the offending language even if the acceleration event never occurs. The . . . examples show how a corporation could accelerate vesting provisions to preserve deductibility, with the possibility of a reduced payout to a participant who retires."
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