erisa and global benefits
Section 409A Corrections to Employment Agreements - Time for an Ounce of Protection in 2015
By The Global Compensation, Benefits & ERISA Practice Group
First the bad news: when it comes to 409A violations, the most common sources are employment agreements and releases. With surprising frequency, employers encounter 409A problems due to conditions timing severance pay to an employee's execution of a claims release. Other common sources for 409A problems arise from allowing employees to choose between receiving their severance in lump sums or installments, or receiving cash-outs of employer-paid COBRA coverage.
Now the good news: a 2015