Noncompliant Release of Claims Provisions in Employment Agreements and Other Agreements Must Be Corrected by December 31 to take Advantage of IRS Transition Relief
27 November 2012
Mayer Brown Legal Update
In 2010, the Internal Revenue Service published Notice 2010-6 in which it indicated that certain types of common release provisions found in employment and other agreements violated Section 409A, which governs deferred compensation. Employers, employees and others who are parties to agreements with noncompliant release provisions described in Notice 2010-6 must amend these agreements no later than December 31, 2012 in order to take advantage of the transition relief provided in the IRS guidance.