Restricted Stock: Section 83 Restricted Property

[Guest kp]

Company has a service based restricted stock award that lapses after a straight 6 years of service. Exec covered in plan goes to sub after 4 years of service. Plan defines participation to continue if he moves to sub (no forfeiture). Parent wants to be reimbursed for 2 years of service from sub for time exec spends there. Parent wants to condition the distribution of the shares at the end of six years on reimbursement to the parent for the 2 years of service at the sub. Market price of shares may only be determined at lapse. Parents tells sub to pay market price on day of lapse, or no shares for exec. Any issues under Section 83 restricted property? Is it a non-lapsing condition?