Compensation Used to Determine Specified Employees Checklist

This Checklist describes the compensation to be used by an employer (or other service recipient) in determining its specified employees under Section 409A of the Internal Revenue Code (Section 409A). Nonqualified deferred compensation paid to a specified employee on separation from service is generally subject to a six-month delay in payment under Section 409A. This Checklist does not address items of compensation paid by non-profit employers, state or local governments or other tax-exempt employers.

Sandra W. Cohen, Cohen & Buckmann, P.C., with Practical Law Employee Benefits & Executive Compensation


The full text of this resource is available by logging in or by requesting a trial. If you have any questions, please contact us or your Practical Law Account Executive.

Free trial

A free trial will give you:

Unlimited access to our online legal know-how services during the trial period
Full training and support
Four issues of Practical Law The Journal, the companion to Practical Law online
Weekly update e-mails on current legal developments in your practice area

Log in using Practical Law username

Only use this login if you have not set up OnePass for Practical Law

{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1247316091027", "objName" : "ACT_OWNED - READ_ONLY - 7-501-1325", "userID" : "2", "objUrl" : "", "pageType" : "Resource", "academicUserID" : "", "contentAccessed" : "false", "analyticsPermCookie" : "2-2ca065c1:15a71652af3:-62a8", "analyticsSessionCookie" : "2-2ca065c1:15a71652af3:-62a7", "statisticSensorPath" : "" }