smm
Jan 18 2005, 02:21 PM
Can a new plan provide for full vesting on a change in control?
Kirk Maldonado
Jan 19 2005, 01:21 AM
Do you know of a reason why it couldn't?
smm
Jan 19 2005, 08:39 AM
No, with so many changes these days, however, I just wanted to be sure that I was not overlooking something.
JDuns
Jan 19 2005, 12:42 PM
If a plan provides for full payment at vesting and the CIC accelerates vesting, it could be that you have a non-qualifying, event based distribution. However, since the payment would happen within the same tax year as vesting, I don't think it would be a deferred compensation plan (for the affected participant) so I think it is still OK.
I have listened to several webcasts and teleconferences taking the position that event based accelerations of vesting are permissible so long as the distribution events are limited to the permitted list.
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