Post details: Extension of Transition Relief for Indian Tribal Government Retirement Plans to Qualify as Governmental Plans Under Code Sec. 414(d) (Notice 2007-67)

08/10/07

Permalink 12:17:05 pm, Categories: News, 193 words   English (US)

Extension of Transition Relief for Indian Tribal Government Retirement Plans to Qualify as Governmental Plans Under Code Sec. 414(d) (Notice 2007-67)

CCH (cch.taxgroup.com) reports:

Transitional relief under Notice 2006-89, I.R.B. 2006-43, 772, allowing certain Indian tribal government retirement plans (ITG plan) to qualify as governmental plans under Code Sec. 414(d), is extended from September 30, 2007 until six months after the IRS issues guidance on the issue.
The Pension Protection Act of 2006 (P.L. 109-280) amended Code Sec. 414(d) to allow an ITG plan to qualify for certain exemption purposes if substantially all of the services performed by all of the plan participants are essential government functions that are not also commercial activities. Under Notice 2006-89, an ITG plan could qualify as a government plan under Code Sec. 414(d) by following a reasonable and good faith compliance standard. The notice also provided special rules for "mixed" ITG plans, which are plans that provide benefits to employees substantially all of whose work is in essential governmental functions that are not commercial activities and to employees who perform commercial activities. In addition, certain plan amendments may prevent an ITG plan from utilizing the extended relief. Notice 2006-89 is modified.
Notice 2007-67, 2007FED ¶46,579
Other References:
Code Sec. 414
CCH Reference - 2007FED ¶19,156D.021
CCH Reference - 2007FED ¶19,156D.28
Tax Research Consultant
CCH Reference - TRC RETIRE: 69,352
 

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