Excerpt: In recent years, many companies have transferred executives' retirement benefits from nonqualified to qualified plans, using a technique commonly known as a 'SERP shift'.... With the enactment of IRC § 409A ... these arrangements need to be scrutinized to make sure that they comply with the new law. Fortunately, the IRS's proposed regulations under IRC § 409A offer broad leeway for the continued use of SERP shifts.