| September 29, 2008 |
Schiff Hardin Executive Compensation Alert The final deadline for amending your documents to comply with the deferred compensation requirements of Internal Revenue Code Section 409A is December 31, 2008. Section 409A imposes extensive new rules and penalties with respect to deferred compensation arrangements, which are broadly defined to cover not only traditional deferred compensation plans, but also an array of other arrangements, such as change in control and employment agreements, severance agreements and severance plans, company stock plans of most types, and nonqualified retirement plans. The tax penalties are severe if the deadline is missed. Please contact a member of the Employee Benefits and Executive Compensation Group as soon as possible if you maintain any such arrangement that could be subject to 409A. ABOUT SCHIFF HARDIN LLP Schiff Hardin's Employee Benefits and Executive Compensation Group works with clients to determine which retirement and health/welfare benefits plans best suit their needs, and assists in the design and implementation of all types of stock-based plans, deferred compensation and employment arrangements. Our counseling extends to analyzing benefit formulas, investment alternatives and procedures, and issues of securities law and fiduciary concerns. For more information, contact one of our attorneys. |