Spec ified Employees

[Guest ERISAQUEEN]

Is anyone aware as to whether the delayed distribution rules of 409A apply to key employees of a publicly-traded company's wholly-owned subsidiary--if such subsidiary is non-publicly traded.

[Guest IRISH79]

It was my understanding that this was an issue that was to be addressed/clarified in the long-awaited but yet to be issued final regulations.

[Just Me]

Unless final regs say otherwise, if you apply the 416(i) rules, you need to include all entities ina controlled group that includes a publicly-traded company, even if the specified employee actually performs services for one of the non-public group members.