Subscribe (Free) to
Daily or Weekly Newsletters
Post a Job

Featured Jobs

Regional Vice President of Sales

The Retirement Plan Company
(Remote / AL / FL / GA / MS)

The Retirement Plan Company logo

Retirement Plan Administrator

Bates & Company, Inc.
(Remote / Winter Park FL)

Bates & Company, Inc. logo

Business Development Director

AimPoint Pension
(Remote / Pompano Beach FL / AL / GA)

AimPoint Pension logo

Loan & Distribution Specialist

AimPoint Pension
(Remote)

AimPoint Pension logo

Defined Benefit Combo Cash Balance Compliance Consultant

Loren D. Stark Company (LDSCO)
(Remote)

Loren D.  Stark Company (LDSCO) logo

Director of 3(16) Operations

Compass
(Remote / NH / Hybrid)

Compass logo

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile app icon
LinkedIn icon     Twitter icon     Facebook icon
Webinars
and Podcasts
  >  Upcoming   |   Recorded
Conferences
(In-Person or Virtual)
  >  Upcoming   |   Grouped by Location
All   >  Upcoming   |   Grouped by Sponsor

View More Strafford Webinars, Podcasts and Conferences

Structuring Employee Severance/Separation Arrangements: Revisiting Section 409A and Its Impact on Deferred Compensation

Strafford

Dec. 8, 2021
Recorded Online
Webinar

This CLE course will provide counsel with guidance on structuring employee severance or separation agreements to comply with Section 409A's restrictions on deferred compensation. The panel will discuss key provisions of severance and separation agreements, application of Section 409A and available exemptions, accelerating the vesting of equity awards, and other key considerations.

Description

Drafting agreements when an executive is currently operating in a company can be complicated. These arrangements often involve negotiating separation pay, the continuation of benefits, and treatment of other compensation such as equity grants.

In addition, most severance arrangements are potentially subject to Section 409A and must be appropriately structured to avoid adverse tax consequences. Failure to comply with 409A's strict rules can result in severe penalties, including a 20 percent excise tax and immediate taxation of vested deferred amounts.

Listen as our experienced panel of employee benefits attorneys explains the critical requirements of 409A and discusses the steps counsel should take to ensure compliance given the IRS focus. The panel will outline best practices for reviewing nonqualified deferred compensation plans, employment agreements, and other severance arrangements.

Outline

  1. 409A issues to be considered in severance plans and agreements
  2. Severance benefits subject to 409A
  3. Severance benefits exempt from 409A
  4. Impact of accelerating the vesting of equity awards upon termination of employment on 409A
  5. Discussion of change in control severance arrangements and "regular" severance for purposes of 409A
  6. Importance of the definition of "good reason" for 409A purposes
  7. Can severance benefits that are subject to 409A be conditioned on a release?

More Information, How to Register

© 2024 BenefitsLink.com, Inc.