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Substantial Risk of Forfeiture

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Would a requirement that an employee not go to work for the employer's client constitute a substantial risk of forfeiture, for purposes of a nonqualified deferred compensation plan?

This is not technically a non-compete requirement as discussed in section 1.83-3(B)(2) of the regs.


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  • 2 weeks later...
Guest bswift

christine, what's the purpose of the restriction? Although it may not be just like a noncompete, its purpose may be the same. my recollection is that there are a couple of plrs out there that dicuss the noncompete issue. good luck.

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