Guest jcarlos Posted January 14, 2005 Posted January 14, 2005 According to 409A, deferral elections are based on services performed over a period of at least 12 months. My question is this: Hypothetical Situation: An employee begins in August 2005. Employee receives a bonus on December 31st 2005 and the bonus is considered earned and vested on December 31, 2005. How would an election be handled? Must employee make an election by June 2006 for that bonus and any bonus received on December 31, 2006? Or, as a new employee, could employee make an election for the 2005 bonus compensation within the 30 day initial election window. Any and all guidance is appreciated!!
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