Jump to content

nonqualified plans and community property laws


Guest elmo27

Recommended Posts

A few Private Letter Rulings seem to indirectly address the treatment of nonqualified plans in community property states (benefits are divided 50% between spouses and community property laws apply because ERISA does not govern nonqualified plans). But I have not found any ruling or case law that directly supports this. 1. Is my assumption correct, and 2. Has anyone come across on point case law/guidance on this?

Link to comment
Share on other sites

  • 1 month later...
A few Private Letter Rulings seem to indirectly address the treatment of nonqualified plans in community property states (benefits are divided 50% between spouses and community property laws apply because ERISA does not govern nonqualified plans). But I have not found any ruling or case law that directly supports this. 1. Is my assumption correct, and 2. Has anyone come across on point case law/guidance on this?

Under IRC 457(e)(7) includible compensation in a 457 plan is determined without regard to any community property law.

mjb

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...