The American Jobs Creation Act (Jobs Act) adds a new Internal Revenue Code Section 409A, which significantly changes the rules applicable to nonqualified deferred compensation arrangements. The new law affects the manner in which such arrangements are designed and administered and covers many types of arrangements that are not typically thought of as deferred compensation, including some stock-based plans such as stock appreciation rights and restricted stock units.
This issue was the focus of a CLE seminar presented by the firm of Proskauer Rose LLP on January 21 in New York City.
Speakers at the session include Proskauer attorneys Ian L. Levin, Andrea S. Rattner and Michael S. Sirkin.
Some of the timely issues these panelists covered included:
- A general overview of the key requirements of the Jobs Act applicable to deferred compensation arrangements;
- How the Jobs Act may affect certain deferred compensation arrangements and stock-based plans that may be swept up by the law;
- Practical steps in dealing with the new law and its requirements, including measures to take to respond to the IRS's transition guidance.