Internal Revenue Code Section 457 provides tax-advantaged treatment for certain nonqualified deferred compensation plans. Included are both 457 plans and 457(b) plans. The focus of this update is the non-governmental 457(b) Top Hat plan.
Internal Revenue Code Section §409A (IRC 409A) regulations govern the design and administration of nonqualified executive benefit plans. Nonqualified executive benefit plans have very specific rules on the form and timing of participant distributions and, generally, offer little flexibility on changing the form or timing of the distributions following the submission of the election form. One of the exceptions in the 409A regulations for altering previously submitted distribution elections is addressed under the unforeseeable emergency provisions.