Randy Watson Posted July 19, 2010 Posted July 19, 2010 Can you avoid the implications of Section 409A(b)(3) if the NQDC plan is sponsored by an entity that is in a separate QSLOB than the sponsor of the pension plan which is "at risk"?
My 2 cents Posted July 20, 2010 Posted July 20, 2010 I haven't encountered the issue, but aren't the restrictions on non-qualified deferred comp plans, when there is a plan at risk, applicable across the entire controlled group? If so, wouldn't the restrictions apply even if the operations qualifed for QSLOB treatment? Always check with your actuary first!
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