Fringe Benefits

[Guest Buzzman]

Any thoughts on the content of a time and form of payment election with respect to post-retirement fringe benefits provided under an employment agreement that are not otherwise excludable under Section 132 - e.g., use of a company aircraft?

[Guest mbw]

So I assume you are making payments for expenses incurred beyond the end of the second year after the year of separation?

I think there is a rule in the final regs on this. Try 1.409A-3(i)(1)(iv).