Posted: 7/23/08

As widely reported, the IRS is highly unlikely to postpone the December 31, 2008 deadline for revising executive compensation arrangements to comply with Code section 409A.  This date also marks the end of the 409A transition period, which has already lasted nearly four years and provided employers and executives with great flexibility.  In the attached memo we offer (1) drafting tips for amending these arrangements, (2) aids in identifying arrangements subject to 409A, and (3) action items in light of the transition period ending.

For more information please contact John McGuiness.