Demystifying IRS Deferred Compensation Rules: Five Things You Must Know About Code Section 409A

SHRM 2016 Annual Conference & Exposition
This session will provide a description of common traps you may face with respect to deferred compensation arrangements.

Since its effective date in 2005, Code Section 409A has wreaked havoc on benefit plan sponsors and employees with deferred compensation. Section 409A touches many areas other than executive benefits, including severance, annual bonus and incentive compensation, and expense reimbursements. The session will present five common situations that regularly come up for HR and benefits professionals that have significant 409A implications. This session will help you learn:

  • The basics of federal regulation of deferred compensation under Code Section 409A and how to spot a 409A issue.
  • Which types of arrangements trigger Section 409A and what restrictions may apply.   
  • Strategies for 409A compliance and avoidance. 
  • How to correct and remedy 409A violations in the event they occur or potentially could occur.
Date(s) & Time(s): 
Wednesday, June 22, 2016 - 11:30am to 12:45pm
Presenter: 

Todd A. Solomon

Todd A.
Solomon

Todd Solomon is a partner in and Chicago local practice group leader of the employee benefits practice group of McDermott Will & Emery LLP in its Chicago office.  Todd focuses his practice primarily on designing, amending, and administering pension plans, 401(k) plans, employee stock ownership plans, 403(b) plans, and nonqualified deferred compensation arrangements.  He also counsels corporations and tax-exempt entities regarding fiduciary and plan investment issues under ERISA, employee benefits issues involved in corporate transactions, executive compensation and Code Section 409A compliance and correction matters, and the implementation of benefit programs for domestic partners.  

Location: 
Convention Center 209
Amount of Credit: 
1.25
Credit Type: 
SHRM PDCs
HR Credit
Session Type: 
Concurrent Session
Competency: 
Critical Evaluation
Intended Audience: 
Senior-Level
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