Jump to content

Good Reason and SRF


Guest aaronk

Recommended Posts

Executive is entitled to severance benefit 30 days after termination for Good Reason, where the definition of "Good Reason" does not precisely satisfy the safe harbor and the amount of severance is in excess of 2x salary. Assuming the severance does not qualify for the 409A exception for separation pay plans under 1.409A-1(b)(9), can the payment still qualify for the short term deferral exception? It seems to me that it should qualify for the STD exception so long as the conditions constituting "Good Reason" qualify as a substantial risk of forfeiture.

Please let me know if you agree with the analysis.

Thanks.

Aaron

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...