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I've been told that I'm not good at math and should leave the math to others (which is often the case), but I am good at run-on sentences, so assuming the entire amount being described is pure severance pay, such as that which is paid from a severance plan, then it seems to me that 415 compensation is zero, and that the 415 annual addition limit would therefore be zero, and if the plan document includes in compensation (for deferral purposes) only such elements of post-severance pay (if any) that are permitted under the final 415 regulations (which is likely), then plan compensation for purposes of making deferrals, it seems to me, should also be zero, and deferrals should therefore be limited to zero as a matter of plan administration even without regard to 415 or 402(g) (though I have made assumptions about the plan's language in that regard). With that assumption in mind, if forced to choose between 415 and 402(g) (as opposed to choosing self-correction for an administrative error, if there is one), I'm with Belgarath.

I'd have said you can't consider it a 402(g) violation - 402(g) is a dollar amount limit, and as long as you don't exceed that, it isn't a 402(g) violation. I'd vote for 415 violation.

Why is that, Mike? I would lean to 415 b/c everything is taxable in '19.