Government 457 plan and ERISA

[Guest NYLabor]

I am new to employee benefits law and have a basic question. Is a government 457 plan wholly exempt from ERISA or just exempt from the disclosure requirements? And, is there a statute or regulation that provides this exemption and would point me in the right direction?

Thank you.

[Guest Alin]

This sure is a messy area and I've learned the answer is nice and complex. Carol Calhoun's book, the Governmental Plans Answer Book, can help you - if possible you might try to locate it for purchase online or find it at a law library. Chapter 1 of that book answers your exact question and provides the cites you may need - generally it is Title I that governmental plans are exempt from, although some but not all of the tax-related provisions in Title II still apply. You've got the governmental plan term defined in Title I (ERISA 3(32)), section 414(d) of the Code (for Title II) and in Title IV (plan termination insurance) ERISA § 4021(b)(2). It really is a mess!

No this is not a shameless plug and I am not affiliated with Ms. Calhoun or her firm in any way

[Guest NYLabor]

Thank you. I really appreciate you taking the time to respond. I am going to look into that book.