Guest elmo27 Posted November 17, 2011 Share Posted November 17, 2011 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 More sharing options...
mbozek Posted December 18, 2011 Share Posted December 18, 2011 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 More sharing options...
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