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Posted

Can an executive's voluntary termination trigger early distribution in a for-profit nonqualified deferred compensation plan? I may be getting confused with the 83/457 rules, but won't it trigger constructive receipt if the executive can "just" quit and get the money early?? Please help straighten my brain out!!

Posted

Yes if payment is permitted upon termination of employment and the employee has not elected in advance to defer the payment or receive installments. Read the plan.

mjb

Posted

ADDITIONALLY, HR 4520 as passed new Sec.409A will be a gotcha for amounts (and their earnings)deferred after June 3,2004

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