Can an employee defer on deferred comp?

[Spencer]

I do not work with non-qualified plans, but client has asked if the executives who receive deferred comp under their NQDC plan can make 401k deferrals when the deferred comp is paid to them?

Thanks!

[rcline46]

This question has come up often on this board with the same answer. Read carefully the 415 amendment for the plan. YOur answer in in there.

[QDROphile]

The answer may not be apparent in the 415 amendment because of the choice made about the option described in the 415 regulations. See other posts on the subject.