Section 409A Limit. “Section 409A Limit” means the lesser of two (2) times: (i) your annualized compensation based upon the annual rate of pay paid to you during the Company’s taxable year preceding the Company’s taxable year of your termination of employment as determined under Treasury Regulation 1.409A‑1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; or (ii) the maximum amount that may be taken into account under a qualified plan pursuant to Section 401(a)(17) of the Code for the year in which your employment is terminated.
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Samples: Separation Agreement and Release (Vivus Inc), Separation Agreement and Release (Vivus Inc), Separation Agreement and Release (Vivus Inc)
Section 409A Limit. “Section 409A Limit” means the lesser of will mean two (2) timestimes the lesser of: (i) your annualized compensation based upon the annual rate of pay paid to you during the Company’s your taxable year preceding the Company’s your taxable year of your termination of employment as determined under under, and with such adjustments as are set forth in, Treasury Regulation Section 1.409A‑1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; or (ii) the maximum amount that may be taken into account under a qualified plan pursuant to Section 401(a)(17) of the Code for the year in which your employment is terminated.
Appears in 1 contract
Samples: eHealth, Inc.
Section 409A Limit. “Section 409A Limit” means the lesser of will mean two (2) timestimes the lesser of: (i) your annualized compensation based upon the annual rate of pay paid to you during the Company’s your taxable year preceding the Company’s your taxable year of your termination of employment as determined under under, and with such adjustments as are set forth in, Treasury Regulation 1.409A‑1(b)(9)(iii)(A)(1Section 1.409A1(b)(9)(iii)(A)(1) and any Internal Revenue Service guidance issued with respect thereto; or (ii) the maximum amount that may be taken into account under a qualified plan pursuant to Section 401(a)(17) of the Code for the year in which your employment is terminated.
Appears in 1 contract
Samples: eHealth, Inc.