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Second Circuit Finds Severance Plan's Intended Compliance with 409A Allows Denial of Benefits to Employee Terminated Due to Disability
Roberts Disability Law 
Feb. 18, 2022 "The court explained that Section 409A of the Internal Revenue Code defines 'involuntary' 'termination of employment' as occurring when an employee who was willing and able to continue performing services is terminated by the employer's unilateral authority. Soto was not able to continue performing services because of disability. The severance plan requires compliance with Section 409A so the Plan Administrator acted reasonably in selecting an interpretation of 'Layoff' consistent with this section." [Soto v. Disney Severance Pay Plan, No. 20-4081 (2d Cir. Feb. 16, 2022)] |
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