Christine Roberts Posted November 15, 2001 Posted November 15, 2001 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 Posted November 21, 2001 Posted November 21, 2001 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 Posted November 22, 2001 Posted November 22, 2001 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? Kirk Maldonado
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