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IRS Clarifies Conditions that Constitute a Substantial Risk of Forfeiture Under Section 83

The IRS recently released final regulations (“Final Regulations”) clarifying the conditions that constitute a substantial risk of forfeiture for purposes of Section 83 of the Internal Revenue Code.  As some of you know, Section 83 generally provides that property transferred in connection with the performance of services will be not be taxed until the date […]

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Don’t Miss Short-Term Deferral Day

As some of you know, Section 409A of the Code contains a very helpful exception for “short-term deferrals.”  More specifically, Section 409A provides that a payment will not be considered “nonqualified deferred compensation” if the employer makes payment to the employee no later than the 15th day of the third month following the end of […]

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Welcome to Snell & Wilmer’s Benefits Blog

Snell & Wilmer is very pleased to announce our newest legal blog devoted to important developments in the areas of employee benefits and executive compensation.  Our Employee Benefits and Compensation Group attorneys focus on a broad range of issues including qualified retirement plans, health care reform, and executive compensation and incentive programs. We hope this […]

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Former Associate

Consider Adding Separate Annual Limits on Director Equity Awards

As reported in Part 1 of our End of Year Plan Sponsor “To Do” Lists, employers that are adopting or amending equity-based compensation plans in 2014 should consider adding a separate annual limit on director equity awards.  Including a separate sublimit for director equity awards appears to be a trend that continues to gain momentum […]

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Public Companies Should Consider Shareholder Reapproval of Section 162(m) Performance Compensation Plans Approved in 2009

As reported in Part 1 of our End of Year Plan Sponsor “To Do” Lists, Section 162(m) of the Internal Revenue Code limits the deduction a public company may take for compensation payable to “covered employees” to $1,000,000 per year. “Performance-based compensation” that meets the requirements of Section 162(m) is not subject to this limitation. […]

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IRS Announces 2014 Retirement Plan Limits

On October 31, 2013, the IRS announced the cost-of-living adjustments that will affect the dollar limitations for pension and other retirement plans for the 2014 tax year.  Notably, the $17,500 annual contribution limit for employees who participate in 401(k) plans remains the same for 2014. Maximum   Qualified Retirement Plan Dollar Limits 2013 2014 Limit […]

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