Form_409a

Event Details:                                                                                                                                                           printer-friendly page

§ 409A requires compliance in both form (documentation) and operations (administration). This webinar will discuss the impact of the IRS Notice 2010-6 on the correction and even the proper drafting of documentation for the many types of compensation and benefit plans covered by § 409A. A complement to Notice 2008-113 governing operational 409A errors, Notice 2010-6 constitutes the first and most significant IRS release of guidance to date on the correction of 409A plan documentation and by virtue of this guidance, also thereby provides direction for the drafting of “best practices” plan documents. In this Knowledge Group LIVE webcast, a panel of distinguished professionals will help you understand the most critical issues and implications of IRS Notice 2010-6 as to existing and future compensation plan covered (and even exempt from), and will include:

- Overview of importance of Notice 2010-6 to the creation & maintenance of proper 409A
  plan documentation
- Types of plan documentation errors in various types of plans cover by Notice 2010-6
- Steps for correcting 409A various documentation errors under Notice 2010-6
- Discussion of “last chance” retroactive opportunity for correcting “bad” documents,
  including improperly linked qualified and nonqualified retirement plans, and plans not amended
  prior to the § 409A December 31, 2008 form compliance deadline.
- Discussion of “best practices” document drafting process hints suggested by Notice 2010-6
- Live interactive Q&A session

This is a must attend event for companies to be guided on the importance of planned documentation and ramifications of its error. Hurry! Register now and reap the rewards of complying with § 409A.

Course Level: Intermediate
Prerequisite: None
Method Of Presentation: Group-Based-Internet
Developer: The Knowledge Group, LLC
Recommended CLE/CPE Hours: 1.75 - 2.0
Important Note: Your State Bar or Accounting Board will make the final determination with respect to continuing education credit. If you are applying for CLE credit in Texas you must register 20 days before the event date or you will not be able to obtain CLE credit.
Advance Preparation: Print and review course materials
Course Code: 103956
Recording Fee: $299 (Please click here for details)
NASBA Sponsor Number: 109004

 

Featured Speakers for Correction of Errors and Drafting of Plan LIVE Webcast:


Proposed Agenda (click here to view more)
SEGMENT 1:


Louis R. Richey, JD , Senior Vice President
McCamish Systems, LLC

Correction and Drafting of 409A Plan Documentation under IRS Notice 2010-6 (from a plan administrator’s perspective)

- Overdue first clear guidance on bad (and therefore good) plan documentation for 409A retirement
  plans- issues and directions under Notice 2010-6
- Fitting the 409A paperwork requirements into the plan creation process to create “error free” d
  ocuments after Notice 2010-6
- The special “bugaboo” of 409A nonqualified retirement plans tied to qualified plans and
  Notice 2010-6
- Guidance for “best practices” 409A compliant plan documentation creation and correction
  (and also operational compliance) in the future – action steps after Notice 2010-6

SEGMENT 2:


Eric R. Keller , Partner,
Paul, Hastings, Janofsky & Walker LLP

- Notice 2010-6 seems to create compliance issues where none existed previously under
  regulations (e.g., releases)
- Because several compliance positions are new, it is important to be familiar with the correction
  guidelines when drafting new plans let alone detecting violations under existing plans
- Types of errors addressed and requirements for correction
- Correction guidelines provide limited relief, particularly after transition period; consider whether
  other correction methods are feasible.
- Transition relief is generous, but subject to potentially problematic limitations and requirements

SEGMENT 3:


Regina Olshan , Partner, Executive Compensation and Benefits,
Skadden, Arps, Slate, Meagher & Flom LLP

- Do you need to use the Notice? (a. do you have a violation? - use of savings clauses and other
  techniques to avoid formal correction; b. corrections outside of Notice 2010-6 (ways to correct
  violations without using the notice))
- Typical plan documentation errors in various types of plans covered by Notice 2010-6 - recognizing
  footfaults
      -- releases
      -- toggling violations
- Steps for correcting 409A documentation errors under Notice 2010-6
- Transition relief
SEGMENT 4:


John W. Boyd, Counsel,
Baker and Hostetler LLP

- The correction program under Notice 2010-6 sets forth precise procedural steps which must be
  followed. IRS and Treasury officials have indicated that failure to comply with each of the
  steps will result in a loss of the relief under available under Notice 2010-6.
- By design, many of the correction procedures under Notice 2010-6 impose “costs” on Service
  Providers and Service Recipients. Those costs may be in the form of additional administrative
  burden and loss of plan flexibility or they made be direct financial costs imposed on Service
  Providers. Taxpayers will therefore need to carefully assess the value of the relief available under
  Notice 2010-6 based upon their particular circumstances.
- With careful analysis it may be possible to minimize correction costs by fitting within a particular
  correction procedure under Notice 2010-6 and/or by taking advantage of operational relief
  available under Notice 2008-113.
- The relief available under Notice 2010-6 will be most helpful for technical errors in plan documents
  which are identified early. The corrective relief will be more burdensome for broad errors
  in plan design which may be indicative of a lack of an intent to comply with the requirements
  of Code Section 409A.



McCamish Systems, LLC
Louis R. Richey, JD
Senior Vice President
speaker bio »»

Paul, Hastings, Janofsky & Walker LLP
Eric R. Keller
Partner
speaker bio »»

Skadden, Arps, Slate, Meagher & Flom LLP
Regina Olshan
Partner, Executive Compensation and Benefits
speaker bio »»

Baker and Hostetler LLP
John W. Boyd
Counsel
speaker bio »»

Who Should Attend?

- HR Compensation & Benefit Associates
- Executive Plan Sponsor Managers
- Corporate In-House Tax & Benefits Counsel
- CPAs
- Retirement Plan Actuaries
- Plan Administrators
- Employee and Executive Benefit Attorneys
- TPAs
- Executive Compensation & Benefit Consultants

Why Attend?

This is a must attend event to everyone to hear the latest updates and developments on Section 409A and its related issues.
- Detailed guidance explained by the most qualified key leaders & experts
- Hear directly from key regulators & thought leaders
- Interact directly with panel during Q&A

Registration Information:                                                                                                                                    


 

Disclaimer:
Please note, the event date is firm although it may be subject to change. Please click here for details.

 

 

 

 


Correction of Errors and Drafting of Plan Documentation under Section 409A Clarified- IRS Notice 2010-6 Released
LIVE Webcast
Speaker Firms:








 

The Knowledge Group, LLC is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Website: www.nasba.org


 

We are an approved multi-event sponsor in the state of California. Our provider ID is: 14451. In Texas, Illinois, and Virginia, we submit programs for individual approval in advance. In all other states, once attendance is verified, participants are emailed an official certificate of attendance which they submit to their respective State Bar Associations. Our programs are created with continuing education in mind and are therefore designed to meet the requirements of all State Bar Associations. If you have any questions, please email our CLE coordinator at: info@knowledgecongress.org

Important Note: Your State Bar or Accounting Board will make the final determination with respect to continuing education credit. If you are applying for CLE credit in Texas you must register 20 days before the event date or you will not be able to obtain CLE credit.

Attention New York Attorneys:

This program is approved for CLE credit under New York’s Approved Jurisdiction policy. The Knowledge Group, LLC is an approved sponsor in the state of California, a New York Approved Jurisdiction. This program fulfills the non-traditional format requirement of exceeding 60 minutes in length. Please note only experienced attorneys (more than 2 years) are eligible to receive CLE credit via non-traditional format learning platforms. The Knowledge Group will verify attendance during the webcast via secret words (3 per credit hour) and by auditing attendees log in and log out records. All verification instructions will be provided during the webcast. Once attendance verification requirements have been completed, the attendee will be issued a certificate of attendance be The Knowledge Group for the course with the recommended number of credit hours. The Certificate of Attendance is normally sent via email in 24 hours or less.

To Claim Your CLE Credits:

The attorney should simply include credits earned via Knowledge Group webcasts when computing the total number of CLE credits completed, and keep the Knowledge Group Certificate of Attendance for a period of at least four (4) years in case of audit. An attorney may count towards her/his New York CLE requirement credit earned through the Approved Jurisdiction policy without notifying the CLE Board.

To learn more about New York’s Approved Jurisdiction policy. Please visit: http://www.nycourts.gov/attorneys/cle/approvedjurisdictions.shtml



 
Enrolled Agents Sponsor ID Number: 760

We have entered into an agreement with the Office of Professional Responsibility, Internal Revenue Service, to meet the requirements of 31 Code of Federal Regulations, section 10.6(g), covering maintenance of attendance records, retention of program outlines, qualifications of instructors, and length of class hours. This agreement does not constitute an endorsement by the Office of Professional Responsibility as to the quality of the program or its contribution to the professional competence of the enrolled individual.