Exception for nonelective deferred compensation of nonemployees
(A) In general
(A)In general#
This section shall not apply to nonelective deferred compensation attributable to services not performed as an employee.
(B)Nonelective deferred compensation#
For purposes of subparagraph (A), deferred compensation shall be treated as nonelective only if all individuals (other than those who have not satisfied any applicable initial service requirement) with the same relationship to the payor are covered under the same plan with no individual variations or options under the plan.