Form 14035 - Pilot Questionnaire For Governmental Plans Initiative Page 2
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24Pilot Questionnaire for Governmental Plans Initiative
Unlike private plans, governmental plans are not subject to several significant federal tax law requirements,
including minimum funding requirements, minimum participation and nondiscrimination standards, and many of
the post-ERISA minimum vesting standards. Thus, although there are many tax rules common to both
governmental and private plans, a complicated mix of similarities to and differences from private plan rules
poses difficult education and administration challenges for governmental plans and their participants.
Purpose and History of IRS Governmental Plans Initiative
Given the increasing size and importance of governmental plans, some argue these plans have not received
sufficient attention in the areas of education, guidance, voluntary programs, or overall compliance.
Accordingly, the IRS has established the Governmental Plans Initiative. This initiative will provide appropriate
education, outreach, and guidance for this important and highly diversified retirement plan segment, and will
promote voluntary compliance by such plans with applicable federal tax laws in hopes of ensuring the
protection of plan participants.
The IRS began developing the Governmental Plans Initiative in 2007. After extensive internal discussions and
study, including work to develop a draft compliance questionnaire, the IRS convened in April 2008 a
roundtable of IRS officials and participants representing approximately 40 governmental agencies. At that
time, the IRS announced its Governmental Plans Initiative and outlined the initiative’s education, outreach,
guidance and compliance goals. The roundtable’s topics included the IRS determination letter program,
federal tax law requirements relating to governmental plans, technical and compliance issues affecting such
plans, self-correction and voluntary compliance efforts, and guidance issues. The IRS also announced it was
developing a governmental plans questionnaire to be sent to a sample of governmental plans to study
compliance with applicable federal tax laws.
The dialogue that began with the April roundtable has been very productive. Some areas of concern raised by
external stakeholders include potential conflicts between federal law and state constitutional requirements; the
difficulty in amending plans when the legislative body meets infrequently; the difficulty in coming up with a
single plan document when applying for a determination letter or administering the plan’s provisions; the need
for an improved determination letter process and voluntary compliance program; the need for IRS personnel
trained in and dedicated to the special needs of governmental plans; the need for clear guidance; and the
need to address the particular challenges that small government employers face. Further, since the April
roundtable, the IRS has been working with stakeholders both to refine the content and scope of the draft
questionnaire and the overall initiative. This has led to a new IRS web page that specifically addresses
governmental plan issues and concerns ( ). This dedicated web page, which is updated
regularly, contains links to relevant IRS guidance, the April roundtable materials, and FAQs that address
questions posed over the past several months.
14035
Catalog Number 52098A
Form
(Rev. 02-2009)
Page 2
Department of the Treasury - Internal Revenue Service
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