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Focus on . . . Governmental Plans (Part II)

Journal of Pension Benefits, Vol. 5, No. 4, pp. 43-49, Summer 1998

7 Pages Posted: 14 Sep 2009  

David A. Pratt

Albany Law School

Date Written: 1998

Abstract

Ever since the enactment of ERISA in 1974, governmental plans have received special treatment under both ERISA and the Internal Revenue Code, but the boundaries between governmental and nongovernmental plans have not been clear. The distinction has recently become more important, as the Taxpayer Relief Act of 1997 has exempted most governmental retirement plans from most of the Code's nondiscrimination rules. Part I of this article (published in the Spring 1998 issue) discusses the statutory definitions of the term 'governmental plan' and described how the substantive rules applicable to these retirement plans differ from the rules that apply to nongovernmental plans. The second part discusses the employer aggregation rules for governmental retirement plans.

Keywords: governmental plans, ERISA, Internal Revenue Code, Taxpayer Relief Act of 1997

Suggested Citation

Pratt, David A., Focus on . . . Governmental Plans (Part II) (1998). Journal of Pension Benefits, Vol. 5, No. 4, pp. 43-49, Summer 1998. Available at SSRN: https://ssrn.com/abstract=1473164

David A. Pratt (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States
518-472-5870 (Phone)

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