457(f) Plan and Consulting Agreement

[Christine Roberts]

Can a 457(f) deferred compensation plan condition reciept of plan benefits upon a participant's agreement to render consulting services to the employer, after benefits have vested?

If the participant refuses to do so, can the plan call for "forfeiture" of already vested benefits?

This doesn't sound right to me.

[IRC401]

Check the regs under section 83. I doubt that the IRS would regard a requirement to render consulting services as creating a substantial risk of forfeiture.

[Kirk Maldonado]

Under Section 457(f), at the time the benefits vest, the employee is taxed on them. If the employee is already taxed on those amounts, forfeiting them would be pretty draconian.

Why isn't the plan designed so that the person gets the benefit at the time of vesting, so that the person has the money to pay the taxes on those benefits?