Substantial Risk of Forfeiture

[Guest John Nelson]

457(f) plan provides for payment of benefits following separation from service. Plan further provides that benefits are forfeited if (a) employee is terminated for cause, or (b) employee quits without giving employer 18 months advance written notice.

Do you think these conditions constitute a substantial risk of forfeiture under 409A and 457(f)?

[E as in ERISA]

Termination for cause is not an SRF under 83, so I doubt that it is one for 409A. I would question the 18-month notice as an SRF. I doubt it's valid beyond the initial 18 months (otherwise it becomes a rolling risk, which I don't think is generally considered valid in discussions of 409A).