ERISA-Bubs Posted August 9, 2010 Posted August 9, 2010 I have an employee who deferred and vested $50 prior to 2005. Since 2005 he has deferred and vested thousands. We had a slight operational failure that needs to be corrected under Notice 2008-113. I'd like to treat the $50 as subject to 409A so that we can make one correction under Notice 2008-113, instead of two (one for the thousands deferred after 2005 and one for just $50). Is it ok to treat grandfathered nonqualified deferred compensation as subject to 409A?
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