Section 409A Clauses for Compensation Agreements

Summary

This template is a selection of various Section 409A clauses that, with some adaptation, can be used in various types of employment agreements to ensure that the plan's definitions, payment provisions, and other terms comply with the requirements of Section 409A. This template includes practical guidance and drafting notes. For additional guidance regarding the effect of I.R.C. Section 409A, see Section 409A Resource Kit. For a full listing of key content covering departing employees, see Departing Employees Resource Kit. For a full listing of key content covering the provision of severance or separation pay on various terminations of employment, see Severance Benefits Resource Kit.