Section 409A definition

Section 409A means Section 409A of the Code and the regulations and other guidance promulgated thereunder.

Section 409A means Section 409A of the Code.

Section 409A means Section 409A of the Code and the Department of Treasury regulations and other interpretive guidance issued thereunder, including without limitation any such regulations or other guidance that may be issued after the Effective Date.

Examples of Section 409A in a sentence

• In addition, to the full extent permitted by applicable law, and subject to the requirements to avoid tax under Section 409A, all payments under the Plan shall be subject to offset for any debts owing to the Company or any of its affiliates.

• Notwithstanding the foregoing, the Plan Administrator may establish an extended deferral election deadline for “performance-based compensation” within the meaning of Section 409A that is no later than later than six months before the end of the performance period for such performance-based pay; provided, that, that such extended deadline shall not apply for any amount that has become readily ascertainable within the meaning of Section 409A (i.e., calculable and substantially certain to be paid).

• To the extent permitted by Section 409A, all Deferral Accounts shall be paid upon termination of the Plan.

• In no event shall any Employer or any director, officer, or employee of an Employer (other than the Participant or Beneficiary) be liable for any additional tax, interest, or penalty incurred by a Participant or Beneficiary as a result of the Plan’s failure to satisfy the requirements of Section 409A, or as a result of the Plan’s failure to satisfy any other requirements of applicable tax laws.

• Without limiting the generality of the foregoing, and subject to the requirements under Section 409A, overpayments that are not repaid, and associated interest, may be recovered by an offset against subsequent payments otherwise becoming due under the Plan.

More Definitions of Section 409A

Section 409A means Section 409A of the Code and all regulations, guidance, compliance programs and other interpretative authority thereunder.

Section 409A means Section 409A of the Code, and any proposed, temporary or final Treasury Regulations and Internal Revenue Service guidance thereunder, as each may be amended from time to time.

Section 409A means Section 409A of the Code and any final regulations and guidance thereunder and any applicable state law equivalent, as each may be amended or promulgated from time to time.

Section 409A means Section 409A of the Code, or any successor provision, and applicable Treasury Regulations and other applicable guidance thereunder.

Section 409A means Section 409A of the Code and Department of Treasury regulations and other interpretive guidance issued thereunder.

Section 409A means Section 409A of the Code, including any amendments or successor provisions to that section, and any regulations and other administrative guidance thereunder, in each case as they may be from time to time amended or interpreted through further administrative guidance.

Section 409A means Code Section 409A, as it has been and may be amended from time to time, and any proposed or final Treasury Regulations and Internal Revenue Service guidance that has been promulgated or may be promulgated thereunder from time to time.