Avoiding 409A Pitfalls in Severance Agreements

April 10, 2012

On April 10, 2012, Morgan Lewis presented the second installment in the 409A Basics Webinar Series, which centered on how to avoid pitfalls in severance agreements.

Topics discussed included:

  • Structuring severance benefits to be exempt from Section 409A
  • Separation from service requirements to commence severance
  • Six-month delay considerations for severance benefits payable to specified employees
  • Postemployment benefits and reimbursements
  • Toggle issues with severance benefits
  • Payments contingent on a release
  • Substitution considerations

View the presentation >