Enrolled in a retirement plan but don't have an online account? (t). PARTICIPANT means any PUBLIC EMPLOYEE who is or has been eligible to defer.Is a deferred compensation plan subject to Code Section 409A? Learn some hints to spot if so, and considerations to take. Deferred compensation is a portion of an employee's compensation that is paid at a later date. 401(a) Deferred Compensation Plan – tax-deferred, and available to all fulltime, benefited State employees.