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Governmental Plans under Internal Revenue Code Section 401(a)

Under Internal Revenue Code Section 414(d), a governmental plan is an IRC Section 401(a) retirement plan established and maintained for the employees of:

  • the United States or its agency or instrumentality;
  • a state or political subdivision, or its agency or instrumentality; or
  • an Indian tribal government or its subdivision, or its agency or instrumentality (participants must substantially perform services essential to governmental functions rather than commercial activities.)

Other types of governmental plans include:

Recent developments
Published guidance, determination letter rules and other developments affecting governmental plans

Apply for a determination letter
How and why to request a determination as to whether the form of a governmental plan document satisfies applicable tax qualification requirements 

Correct plan errors
Find, fix and avoid mistakes in governmental plans

Additional resources
Governmental plans updates, FAQs, and guidance under consideration

Page Last Reviewed or Updated: 17-Feb-2017