Schiff Hardin LLP September 29, 2008


Learn more about the Employee Benefits and Executive Compensation Group at Schiff Hardin.

Attorneys In This Practice

Lauralyn G. Bengel
Neal A. Mancoff
Edward Spacapan Jr.
Randolph R. Smith Jr.
B. Frank Thorn
David H. Williams

Schiff Hardin Offices

One Atlantic Center,
Suite 2300
1201 West Peachtree
Atlanta, GA 30309

225 Franklin Street,
Suite 2600 
Boston, MA 02110 

6600 Sears Tower
233 S Wacker Drive
Chicago, IL 60606

One Westminster Place
Suite 200
Lake Forest, IL 60045

900 Third Avenue
New York, NY 10022

One Market, Spear Tower
32nd Floor
San Francisco, CA 94105

1666 K Street, NW
Suite 300
Washington, DC 20006

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Schiff Hardin Executive Compensation Alert
Re: Deadline for Amending Executive Compensation Arrangements

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.

© 2008 Schiff Hardin LLP

This publication has been prepared for the general information of clients and friends of the firm.
It is not intended to provide legal advice with respect to any specific matter.
Under rules applicable to the professional conduct of attorneys in various jurisdictions,
it may be considered advertising material.

For more information visit our Web site at www.schiffhardin.com.

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