Amanda Newell Posted February 7, 2018 Posted February 7, 2018 Is compensation that complies with Sec 409A eligible for 401k deferrals?
EBECatty Posted February 7, 2018 Posted February 7, 2018 Distributions from a nonqualified deferred compensation plan that complies with 409A are W-2 wages in the year paid and are eligible for deferral (assuming the employee is still working). You'd need to check the 401(k) document though as the definition of "compensation" for deferral purposes often excludes distributions from deferred compensation plans. My experience is that most people don't want distributions from one plan re-deferred into another plan.
XTitan Posted February 7, 2018 Posted February 7, 2018 Heck, even distributions from a nonqualified plan that violates 409A would still be considered W-2 wages. - There are two types of people in the world: those who can extrapolate from incomplete data sets...
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