Keepingit Together Posted March 8, 2018 Report Share Posted March 8, 2018 I'm trying to figure out whether the 4975(g)(2) exception for 414(d) plans would apply to HSAs offered in connection with a health plan sponsored by a governmental employer. Assume that the HSA arrangement is treated as employer-sponsored for ERISA purposes. Or -- does 414(d) refer only to 401(a) qualified plans? Thanks for any thoughts. Link to comment Share on other sites More sharing options...
Carol V. Calhoun Posted March 20, 2018 Report Share Posted March 20, 2018 Quote Under Internal Revenue Code Section 414(d), a governmental plan is an IRC Section 401(a) retirement plan... https://www.irs.gov/retirement-plans/governmental-plans-under-internal-revenue-code-section-401-a So an HSA is never a 414(d) plan. A governmental HSA would be governmental plan under ERISA section 3(32). So it is difficult to understand why it should be subject to 4975. But there appears to be no statutory exemption. Employee benefits legal resource site The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances. Link to comment Share on other sites More sharing options...
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