Does ADEA apply to top hat plan

[Jeff Kirtner]

A top hat plan credits participants with deferred comp each year until age 60. At age 60, participants vest, but further credits stop. Payout is on separation from service at any time after attaining age 60. Questions:

Does the ADEA apply to top hat plans?

If so, does this plan violate the ADEA?

If so, does that have any consequence under 409A (e.g., does an ADEA violation cause a violation of 409A, if the plan otherwise complies with 409A)?

Thanks for any help.