Floridaattorney

Employer wants to set up deferred comp agreement where it agrees to pay 10% of company's fair market value to employee on the first of certain specified events in the future. Fmv is to be determined by company's cpa or appraiser and must be agreed to by the employee or an arbitration process will be initiated. Would that be a 'determinable amount' under 1.409-3(i)?

This may be a dumb question but I haven't seen a definitive answer out there... Can a 409A plan provide for different payouts upon different events. for example, you get 100% of amounts that we set aside if you leave because of disablity or age 65 retirement, 90 % if there is a change in control, 80% if you we fire you for no good reason and 20% if we fire you because you were a rotten employee? Would the answer be different if the agreement just said you get 100 k for disability or retirement, 90k for change of control, 80k for term w/o cause and 20k for term with cause? Also, could you have different payout schedules for each of these occurrences (eg lump sum for disability, 5 year installment for disablity, 10 year for term w/o cause and 15 year for term w/cause)? Thanks.