Post-Severance Compensation

[Guest shaul]

Treas. Reg. Section 1.415©-2(e)(3)(ii) includes certain items of post-severance "regular" pay in 415 compensation, but does not provide any comprehensive definition of "regular." In the case of a plan using W-2 compensation as its definition, I'm assuming "regular" post-severance items would not include such things as includible income from stock options that are exercised after severance (but within the 2-1/2 month/end of limitation year period), expense reimbursements from a non-accountable plan, non-deductible moving expenses, etc., even though they arguably relate to pre-severance service and would have been paid had the employee not terminated. My assumption is based on the view that these are not "regular" items of compensation, but I was wondering if anyone had a different view.

Thanks.