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Newly Proposed Regs Under Section 457(f) Impact Deferred Compensation Arrangements of Tax-Exempt and Governmental Entities
Steptoe & Johnson LLP Link to more items from this source
[Guidance Overview]
July 15, 2016

"These requirements for noncompetition agreements may be difficult to satisfy in many cases, particularly in states where noncompetition agreements are largely unenforceable. Even so, the treatment under section 457(f) is more flexible than under section 409A ... The noncompetition provisions in the proposed regulations provide a significant plan design opportunity for employers to coordinate different aspects of sections 457(f) and 409A such that compensation may continue to be deferred after the end of employment."

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