SECTION 1. PURPOSE

This notice provides additional transition relief regarding the application of section 409A of the Internal Revenue Code to nonqualified deferred compensation plans. Generally, this notice extends to December 31, 2008, the transition relief that was scheduled to expire on December 31, 2007, as provided in Notice 2006–79, 2006–43 I.R.B. 763, and the preamble to the final regulations under section 409A (72 Fed. Reg. 19234 (April 17, 2007)) (the final regulations preamble). This transition relief revokes and supersedes the transition relief provided in § III of Notice 2007–78, 2007–41 I.R.B. 780, and modifies the relief provided in § IV of Notice 2007–78 related to employment agreements, as described below. This transition relief does not affect the guidance provided in § IV of Notice 2007–78 related to predetermined cashout features, or the guidance provided in § VI of Notice 2007–78, related to the application of section 409A(b) (restrictions on certain trusts and other arrangements).