Performance & Stability
        
        How Does Section 409a Define a “Separation from Service” for Compliance Purposes?
        
         
        
        
          
        
        
      
        
     
        
        Section 409A defines a separation from service as a significant, permanent reduction in services, creating a precise trigger for compensation.
        
        How Can a Severance Plan Be Designed to Avoid Falling under Section 409a Constraints?
        
         
        
        
          
        
        
      
        
     
        
        A severance plan avoids Section 409A by structuring payments to fit within specific timing and amount-based regulatory exceptions.
        
        What Are the Specific IRS Correction Programs Available for Operational Failures in a Nonqualified Deferred Compensation Plan?
        
         
        
        
          
        
        
      
        
     
        
        The IRS provides a tiered correction system for 409A operational failures, where relief is maximized by swift, systematic remediation.
        
        What Constitutes a “Legally Binding Right” under Section 409a Regulations?
        
         
        
        
          
        
        
      
        
     
        
        A legally binding right under 409A is a fixed, enforceable claim to future compensation, activating a strict regulatory protocol.
        
        How Does Section 409a Constrain the Design of Non-Equity Deferral Plans?
        
         
        
        
          
        
        
      
        
     
        
        Section 409A constrains deferral plans by mandating strict, predefined rules for payment timing, removing all discretion.

 
  
  
  
  
 