Spencer Posted January 24, 2002 Posted January 24, 2002 Is a Form 5500 required for 457 plans? Basic question I know, but I'm not familar with govt. plans at all and I can't find any specific guidance. :confused:
Michael Devault Posted January 24, 2002 Posted January 24, 2002 It's my understanding that governmental 457 plans are exempt from ERISA's reporting requirements. However, tax-exempt nongovernmental employer plans are not exempt from the reporting requirements of ERISA. Hope this is of some benefit to you.
Carol V. Calhoun Posted January 24, 2002 Posted January 24, 2002 You can click here for the IRS announcement that said that governmental retirement plans are not required to file. Nongovernmental 457(B) plans must be limited to a select group of highly compensated or management employees, in order to avoid ERISA funding requirements (which would in turn cause the plan to fail the Code requirement that it be unfunded). Such "top hat" plans have a separate exemption from the Form 5500 requirements. 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.
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