Foot Faults in Drafting ADEA Releases - Section 409A Issues

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The complex section 409A rules for 'deferred compensation' can trip up drafters of routine severance agreements containing standard terms for ADEA releases. Beware of triggering adverse excise taxes based on provisions regarding the timing of payment of severance pay.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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