Randy Watson Posted July 19, 2010 Share Posted July 19, 2010 Can you avoid the implications of Section 409A(b)(3) if the NQDC plan is sponsored by an entity that is in a separate QSLOB than the sponsor of the pension plan which is "at risk"? Link to comment Share on other sites More sharing options...
My 2 cents Posted July 20, 2010 Share Posted July 20, 2010 I haven't encountered the issue, but aren't the restrictions on non-qualified deferred comp plans, when there is a plan at risk, applicable across the entire controlled group? If so, wouldn't the restrictions apply even if the operations qualifed for QSLOB treatment? Always check with your actuary first! Link to comment Share on other sites More sharing options...
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