Is Literal 409A Terminology Required?

[namealreadyinuse]

Assuming agreements are subject to 409A to be safe (good reason termination is included), but the agreements use "termination" instead of "separation from service." It means the same thing, but is use of terminology that is different from the statute/regs going to be an issue here like it is (was) for 401(k) plans?

[Just Me]

I have been amending plans to either switch to using and defining "separation from service" or to define termination as meaning "separation from service within the meaning of Code § 409A" just to be safe. If you are amending it anyway, why not?

[namealreadyinuse]

One thought was that the IRS would back off of good reason terminations. If that happens, the agreement will not be 409A and we wouldn't want to reference 409A terms.