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Identifying the 409A 'Payment Event' in This Transaction Bonus Scenario
BenefitsLink Message BoardsLink to more items from this source
Oct. 11, 2021

"What is the Payment Event under 409A when a Transaction Bonus (calculated as a% of net proceeds) is payable 12 months following a CIC, but the bonus will be forfeited if the employee voluntarily terminates employment prior to the payment date? Is the Payment Event the CIC or a fixed date (the date 12 months after the CIC)? I believe it's a fixed date. But what if the plan language says the bonus is payable 'within 12 months' after the CIC, and is still subject to forfeiture if employee voluntarily terminates employment prior to the payment date?"

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