Sec. 4. Treatment of pension and employee benefit plans maintained by tribal governments
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/bill/116/hr/2484/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 72(t)(10)(B) of the Internal Revenue Code of 1986 (defining qualified public safety employee) is amended by— striking or political subdivision of a State and inserting , political subdivision of a State, or Indian tribe ; and striking such State or political subdivision and inserting such State, political subdivision, or Indian tribe . The last sentence of section 414(d) of such Code (defining governmental plan) is amended to read as follows: The term . governmental plan includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing.
Section 414(p)(1)(B)(ii) of such Code (defining domestic relations order) is amended by inserting or tribal after State . Section 3121(v)(3) of such Code (defining governmental deferred compensation plan) is amended by inserting by an Indian tribal government or subdivision thereof, after political subdivision thereof, . Section 457 of such Code is amended by adding at the end the following new subsection: Plans established before the date of enactment of this subsection and maintained by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing, in compliance with subsection
(b)or
(f)shall be treated as if established by an eligible employer under subsection (e)(1)(A). . The last sentence of section 3(32) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(32) ) is amended to read as follows: The term . governmental plan includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing. Section 206(d)(3)(B)(ii)(II) of such Act ( 29 U.S.C. 1056(d)(3)(B)(ii)(II) ) is amended by inserting or tribal after State . Section 4021(b) of such Act ( 29 U.S.C. 1321(b) ) is amended by striking or at the end of paragraph (12), by striking the period at the end of paragraph
(13)and inserting ; or , and by inserting after paragraph
(13)the following new paragraph: established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency, instrumentality, or subdivision of an Indian tribal government, or an entity established under Federal, State, or tribal law which is wholly owned or controlled by any of the foregoing. . Section 4021(b)(2) of such Act ( 29 U.S.C. 1321(b)(2) ) is amended by striking , or which is described in the last sentence of section 3(32) and inserting a comma. The amendments made by this section shall apply to years beginning after the date of the enactment of this Act.
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Sec. 4
Treatment of pension and employee benefit plans maintained by tribal governments
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