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; 26 U.S.C. §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.