I'm unsure whether 409A applies but have an example to provide. Somewhere around 2005, a relative of mine was retired and had life insurance and health insurance thru his/her employer. The ER decided to discontinue both and paid him/her a lump sum as a "going away gift." (As far as I can tell, the ER was under no legal obligation to pay anything.) My retired relative got a check, and it was fully taxable with a W-2. That meant he/she was responsible for FICA taxes as well as income taxes.