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Section 409A v. COVID-19: How Employers Can Navigate Nonqualified and Executive Compensation
Porter Wright Morris & Arthur LLP Link to more items from this source
Mar. 25, 2020

"Section 409A was added to the Internal Revenue Code to restrict the ability of nonqualified plan participants from canceling their deferral elections and accelerating payment. Section 409A and other corporate reforms also restricted the ability to accelerate stock options and revise incentive plan performance goals and payouts.... [W]hen an extraordinary, unforeseen event ... such as COVID-19 comes along, these measures actually could discourage executives and inhibit the ability of the employers to tie pay to performance."

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