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ARTICLE · 23 OCTOBER 2006

Employee Benefits - October 2006

IRS announced a compliance extension for Section 409A regulations until January 1, 2008. IRS has announced that final regulations under Code Section 409A, applicable to nonqualified deferred compensation plans, will not be effective until January 1, 2008. IRS Notice 2006-79, issued October 4, 2006.

United StatesEmployment and HR

EXECUTIVE COMPENSATION: RECENT DEVELOPMENTS

IRS announced a compliance extension for Section 409A regulations until January 1, 2008.

IRS has announced that final regulations under Code Section 409A, applicable to nonqualified deferred compensation plans, will not be effective until January 1, 2008. IRS Notice 2006-79, issued October 4, 2006.

The transition relief provided by the 2005 proposed regulations is also extended through 2007 except with respect to certain discounted stock rights subject to backdating concerns. Additional transition relief is provided for certain payment elections in "linked plans" and certain collective bargaining arrangements. Under the transition relief, employers have until the end of 2007 to amend agreements to bring them into compliance with Section 409A. The transition relief is also extended for certain plans that took advantage of transition relief for 2005.

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