Sections 409A and 457

Understanding the ins and outs of Section 409A and its impact on nonqualified deferred compensation plans of for-profit companies and tax-exempt organizations is crucial to your executive and employee benefits practice to avoid the harsh penalties imposed as a consequence of a compliance failure.

This book includes:

• 300 questions and answers, cross-referenced to facilitate reference;
• Helpful practical hints and pointers;
• Citations in each answer to direct you into further research quickly;

• useful checklists and forms, including a document drafting checklist, a performance-based compensation summary checklist, and a summary matrix for operational error correction on pension style 409A plans, as well as an expanded Index. However you interact with Sections 409A and 457-as an attorney, accountant, actuary, compensation and benefits consultant, plan administrator, human resource professional, insurance professional, financial or estate planner, or even as a plan participant-this new edition is for you.

Auteur

Mr. Berglund is a partner in the St. Louis, Missouri, office of Bryan Cave LLP, an international law firm. Mr. Berglund has spent his entire legal career with Bryan Cave, encompassing almost 30 years. He is a member of the firm's Employee Benefits and Executive Compensation Group and its Tax Advice and Controversy Group. He primarily represents large employers with sophisticated plans. He routinely counsels clients on tax law (especially regarding Code Section 409A), ERISA, securities law, and other issues relating to the design and structure of most types of executive and employee benefit plans. These include appropriate structures for employment agreements, severance plans, stock options plans, nonqualified deferred compensation plans, qualified plans, cafeteria and fringe benefit, and other welfare benefit plans. Mr. Berglund is listed in The Best Lawyers in America and Missouri/Kansas Super Lawyers. He is a fellow in the American College of Employee Benefits Counsel. Mr. Berglund graduated magna cum laude and Phi Beta Kappa with a degree in mathematics from Carleton College in Minnesota and graduated Order of the Coif from the Washington University School of Law in St. Louis. He was an adjunct professor of law at the Washington University School of Law for five years, where he taught a course in the graduate tax program titled Advanced Topics in Employee Benefits." He has served as president of the Employee Benefits Association of St. Louis, Missouri. Mr. Berglund frequently lectures on executive and employee benefits and tax-related topics to various law and bar groups. He has spoken regularly at American Law Institute-American Bar Association (ALI-ABA) programs, other programs covering executive and employee benefits, and St. Louis and Missouri Bar Association sponsored events. He conducted a lecture titled, Section 409A Corrections Program," at a St. Louis Metropolitan Bar Association event in March 2009. Mr. Berglund has written several articles, which have appeared in a number of ALI-ABA program materials, including the Employment Law Journal, Corporate Law Counselor, and St. Louis Bar Association Journal. His article titled, Correcting 409A Violations to Minimize Deferred Compensation Taxes," appeared in the St. Louis Bar Association Journal , Winter 2009 edition.