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The professionals at Advanced Underwriting Consultants (AUC) answer the tax and technical questions posed by producers. Here’s the question of the day.
Question: Are governmental pension plans subject to ERISA?
Answer: No, most governmental plans are exempt from the requirements of ERISA. See 29 USC Sec. 1003(b). The types of government entities exempt from ERISA are spelled out at 29 USC Sec. 1002(32).
The issues involved in determining whether a government entity is exempt from the requirements of ERISA were discussed in the case of Koval, which is reproduced at this link:
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