Tribal Plan -- SAR?

[Guest britneyspears]

A response at page 43 of this "Governmental Plans" section states: "Federal Disclosure to Participants and Beneficiaries rules do not apply to governmental plans." Does this flow from ERISA's general exemption of gov't plans, or is there more specific authority for the proposition? Also, am I correct in inferring that a governmental plan does not need to distribute a summary annual report to participants? Thanks in advance for your responses.

[GBurns]

That depends.

Although ERISA disclosure does not apply to Governmental Plans that does not mean that there are no disclosure rules that have to be complied with. Assuming that this is not a federal entity plan, then state law and possibly local ordinance rules will apply. The rules that apply most likely mirror ERISA in requiring disclosures and so a SAR might very well be required.

I suggest that you look to the Plan Documents and whatever laws apply, to see what is required.

Where did you se this "page 43"?

[Guest britneyspears]

Dealing with a Native American tribal plan -- so there's apparently a whole separate (and unsettled) analysis regarding whether we even have a governmental plan. As I understand it, the issue turns on whether the plan is for governmental employees of the tribe (probably exempt from ERISA), or a business operated by the tribe (a closer question). Same analysis for summary annual reports? Tribe doesn't think it has to distribute a summary annual report, but has heard of new, pending legislation on the issue.

(Page 43 is the very last page of threads in this "Governmental Plans" message board.)