Guest ENT Posted September 21, 2010 Posted September 21, 2010 Is it possible to revise payment formula for amounts that have not yet been earned? For example, consider a nonexempt SAR having a present intrisic value of $100. Is it permissible to amend formula (with participant's consent) to impose a maximum payout that's some amount greater than $100? On one hand, participant has a LBR to future appreciation, but on the other hand the change would only affect a right to value that hasn't yet been created. Thoughts?
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