Any amount of compensation deferred under an eligible deferred compensation plan, and any income attributable to the amounts so deferred, shall be includible in gross income only for the taxable year in which such compensation or other income-
To the extent provided in section 72(t)(9), section 72(t) shall apply to any amount includible in gross income under this subsection.
In the case of a plan of an eligible employer described in subsection (e)(1)(A), to the extent provided in section 402(l), paragraph (1) shall not apply to amounts otherwise includible in gross income under this subsection.
For purposes of this section, the term "eligible deferred compensation plan" means a plan established and maintained by an eligible employer-
shall remain (until made available to the participant or other beneficiary) solely the property and rights of the employer (without being restricted to the provision of benefits under the plan), subject only to the claims of the employer's general creditors.
A plan which is established and maintained by an employer which is described in subsection (e)(1)(A) and which is administered in a manner which is inconsistent with the requirements of any of the preceding paragraphs shall be treated as not meeting the requirements of such paragraph as of the 1st plan year beginning more than 180 days after the date of notification by the Secretary of the inconsistency unless the employer corrects the inconsistency before the 1st day of such plan year. A plan which is established and maintained by an employer which is described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection solely because the plan, or another plan maintained by the employer which meets the requirements of section 401(a) or 403(b), provides for matching contributions on account of qualified student loan payments as described in section 401(m)(13).
The maximum amount of the compensation of any one individual which may be deferred under subsection (a) during any taxable year shall not exceed the amount in effect under subsection (b)(2)(A) (as modified by any adjustment provided under subsection (b)(3)).
For purposes of subsection (b)(5), a plan meets the distribution requirements of this subsection if-
Any amount transferred in a direct trustee-to-trustee transfer in accordance with section 401(a)(31) shall not be includible in gross income for the taxable year of transfer.
A plan meets the minimum distribution requirements of this paragraph if such plan meets the requirements of section 401(a)(9).
An eligible deferred compensation plan of an employer described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection solely by reason of making a distribution described in subsection (e)(9)(A).
In determining whether a distribution to a participant is made when the participant is faced with an unforeseeable emergency, the administrator of a plan maintained by an eligible employer described in subsection (e)(1)(A) may rely on a written certification by the participant that the distribution is-
that the participant has no alternative means reasonably available to satisfy such emergency need. The Secretary may provide by regulations for exceptions to the rule of the preceding sentence in cases where the plan administrator has actual knowledge to the contrary of the participant's certification, and for procedures for addressing cases of participant misrepresentation.
For purposes of this section-
The term "eligible employer" means-
The performance of service includes performance of service as an independent contractor and the person (or governmental unit) for whom such services are performed shall be treated as the employer.
The term "participant" means an individual who is eligible to defer compensation under the plan.
The term "beneficiary" means a beneficiary of the participant, his estate, or any other person whose interest in the plan is derived from the participant.
The term "includible compensation" has the meaning given to the term "participant's compensation" by section 415(c)(3).
Compensation shall be taken into account at its present value.
The amount of includible compensation shall be determined without regard to any community property laws.
Gains from the disposition of property shall be treated as income attributable to such property.
In the case of an eligible deferred compensation plan of an employer described in subsection (e)(1)(B)-
The total amount payable to a participant under the plan shall not be treated as made available merely because the participant may elect to receive such amount (or the plan may distribute such amount without the participant's consent) if-
A plan shall not be treated as failing to meet the distribution requirements of subsection (d) by reason of a distribution to which this subparagraph applies.
The total amount payable to a participant under the plan shall not be treated as made available merely because the participant may elect to defer commencement of distributions under the plan if-
A participant shall not be required to include in gross income any portion of the entire amount payable to such participant solely by reason of the transfer of such portion from 1 eligible deferred compensation plan to another eligible deferred compensation plan.
The following plans shall be treated as not providing for the deferral of compensation:
An individual shall be treated as a bona fide volunteer for purposes of subparagraph (A)(ii) if the only compensation received by such individual for performing qualified services is in the form of-
A plan shall not be treated as described in subparagraph (A)(ii) if the aggregate amount of length of service awards accruing with respect to any year of service for any bona fide volunteer exceeds $6,000.
In the case of taxable years beginning after December 31, 2017, the Secretary shall adjust the $6,000 amount under clause (ii) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter beginning July 1, 2016, and any increase under this paragraph that is not a multiple of $500 shall be rounded to the next lowest multiple of $500.
In the case of a plan described in subparagraph (A)(ii) which is a defined benefit plan (as defined in section 414(j)), the limitation under clause (ii) shall apply to the actuarial present value of the aggregate amount of length of service awards accruing with respect to any year of service. Such actuarial present value with respect to any year shall be calculated using reasonable actuarial assumptions and methods, assuming payment will be made under the most valuable form of payment under the plan with payment commencing at the later of the earliest age at which unreduced benefits are payable under the plan or the participant's age at the time of the calculation.
For purposes of this paragraph, the term "qualified services" means fire fighting and prevention services, emergency medical services, and ambulance services.
If an applicable voluntary early retirement incentive plan-
such applicable plan shall be treated for purposes of subparagraph (A)(i) as a bona fide severance pay plan with respect to such payments or supplements to the extent such payments or supplements could otherwise have been provided under such defined benefit plan (determined as if section 411 applied to such defined benefit plan).
For purposes of this subparagraph, the term "applicable voluntary early retirement incentive plan" means a voluntary early retirement incentive plan maintained by-
This section shall not apply to nonelective deferred compensation attributable to services not performed as an employee.
For purposes of subparagraph (A), deferred compensation shall be treated as nonelective only if all individuals (other than those who have not satisfied any applicable initial service requirement) with the same relationship to the payor are covered under the same plan with no individual variations or options under the plan.
The term "eligible employer" shall not include a church (as defined in section 3121(w)(3)(A)) or qualified church-controlled organization (as defined in section 3121(w)(3)(B)).
Subsections (b)(2) and (c)(1) shall not apply to any qualified governmental excess benefit arrangement (as defined in section 415(m)(3)), and benefits provided under such an arrangement shall not be taken into account in determining whether any other plan is an eligible deferred compensation plan.
The applicable dollar amount is $15,000.
In the case of taxable years beginning after December 31, 2006, the Secretary shall adjust the $15,000 amount under subparagraph (A) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter beginning July 1, 2005, and any increase under this paragraph which is not a multiple of $500 shall be rounded to the next lowest multiple of $500.
In the case of an eligible deferred compensation plan established and maintained by an employer described in subsection (e)(1)(A), if-
then such distribution (to the extent so transferred) shall not be includible in gross income for the taxable year in which paid.
The rules of paragraphs (2) through (7), (9), and (11) of section 402(c) and section 402(f) shall apply for purposes of subparagraph (A).
Rollovers under this paragraph shall be reported to the Secretary in the same manner as rollovers from qualified retirement plans (as defined in section 4974(c)).
No amount shall be includible in gross income by reason of a direct trustee-to-trustee transfer to a defined benefit governmental plan (as defined in section 414(d)) if such transfer is-
In the case of an individual who is an eligible participant (as defined by section 414(v)) and who is a participant in an eligible deferred compensation plan of an employer described in paragraph (1)(A), subsections (b)(3) and (c) shall be applied by substituting for the amount otherwise determined under the applicable subsection the greater of-
In the case of a plan of an eligible employer providing for a deferral of compensation, if such plan is not an eligible deferred compensation plan, then-
Paragraph (1) shall not apply to-
For purposes of this subsection-
The term "plan" includes any agreement or arrangement.
The rights of a person to compensation are subject to a substantial risk of forfeiture if such person's rights to such compensation are conditioned upon the future performance of substantial services by any individual.
For purposes of paragraph (2)(F)-
The portion of an applicable employment retention plan described in this paragraph with respect to any participant is that portion of the plan which provides benefits payable to the participant not in excess of twice the applicable dollar limit determined under subsection (e)(15).
Paragraph (2)(F) shall only apply to the portion of the plan described in subparagraph (A) for years preceding the year in which such portion is paid or otherwise made available to the participant.
A plan shall not be treated for purposes of this title as providing for the deferral of compensation for any year with respect to the portion of the plan described in subparagraph (A).
The term "applicable employment retention plan" means an employment retention plan maintained by-
The term "employment retention plan" means a plan to pay, upon termination of employment, compensation to an employee of a local educational agency or education association described in subparagraph (C) for purposes of-
A plan maintained by an eligible employer described in subsection (e)(1)(A) shall not be treated as an eligible deferred compensation plan unless all assets and income of the plan described in subsection (b)(6) are held in trust for the exclusive benefit of participants and their beneficiaries.
For purposes of this title-
For purposes of this subsection, custodial accounts and contracts described in section 401(f) shall be treated as trusts under rules similar to the rules under section 401(f).
A plan described in paragraph (1) shall not be treated as an eligible deferred compensation plan unless such plan meets the requirements of section 401(a)(37).
26 U.S.C. § 457
Inflation Adjusted Items for Certain YearsFor inflation adjustment of certain items in this section, see Internal Revenue Notices listed in a table under section 401 of this title.
Amendment of Subsection (d)(1)(A) Pub. L. 117-328, div. T, title III, §334(b)(5), (e), Dec. 29, 2022, 136 Stat. 5370, 5372, provided that, applicable to distributions made after the date which is 3 years after Dec. 29, 2022, subsection (d)(1)(A) of this section is amended by striking "or" at the end of clause (iii), by striking the comma at the end of clause (iv) and inserting ", or", and by adding at the end the following new clause:"(v) as provided in section 401(a)(39),".See 2022 Amendment note below.
EDITORIAL NOTES
REFERENCES IN TEXTSection 8101 of the Elementary and Secondary Education Act of 1965, referred to in subsec. (e)(11)(D)(ii)(I), is classified to section 7801 of Title 20, Education.
AMENDMENTS2022-Subsec. (b). Pub. L. 117-328, §110(f), inserted at end of concluding provisions "A plan which is established and maintained by an employer which is described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection solely because the plan, or another plan maintained by the employer which meets the requirements of section 401(a) or 403(b), provides for matching contributions on account of qualified student loan payments as described in section 401(m)(13)." Subsec. (b)(4). Pub. L. 117-328, §306(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "which provides that compensation will be deferred for any calendar month only if an agreement providing for such deferral has been entered into before the beginning of such month,".Subsec. (d)(1)(A)(v). Pub. L. 117-328, §334(b)(5), added cl. (v).Subsec. (d)(4). Pub. L. 117-328, §312(c), added par. (4).Subsec. (e)(18)(A)(ii). Pub. L. 117-328, §603(b)(2), inserted "the lesser of any designated Roth contributions made by the participant to the plan or" before "the applicable dollar amount".2019-Subsec. (d)(1)(A)(i). Pub. L. 116-94, §104(b), inserted "(in the case of a plan maintained by an employer described in subsection (e)(1)(A), age 591/2)" before comma at end.Subsec. (d)(1)(A)(iv). Pub. L. 116-94, §109(d)(1), added cl. (iv).Subsec. (d)(1)(D). Pub. L. 116-94, §109(d)(2), added subpar. (D). 2018-Subsec. (f)(4)(C)(i). Pub. L. 115-141 substituted "section 8101" for "section 9101" and "(20 U.S.C. 7801))," for "(20 U.S.C. 7801),".2017-Subsec. (e)(11)(B)(ii). Pub. L. 115-97, §13612(a), substituted "$6,000" for "$3,000". Subsec. (e)(11)(B)(iii). Pub. L. 115-97, §13612(b), added cl. (iii).Subsec. (e)(11)(B)(iv). Pub. L. 115-97, §13612(c), added cl. (iv).2015-Subsec. (e)(11)(D)(ii)(I). Pub. L. 114-95 substituted "section 8101 of the Elementary and Secondary Education Act of 1965" for "section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)". 2014-Subsec. (e)(15)(A). Pub. L. 113-295 substituted "is $15,000." for "shall be the amount determined in accordance with the following table:" and struck out table at end listing applicable dollar amounts for taxable years beginning in 2002.2008-Subsec. (g)(4). Pub. L. 110-245 added par. (4). 2006-Subsec. (a)(3). Pub. L. 109-280, §845(b)(3), added par. (3).Subsec. (e)(11)(D). Pub. L. 109-280, §1104(a)(1), added subpar. (D).Subsec. (e)(16)(B). Pub. L. 109-280, §829(a)(4), substituted ", (9), and (11)" for "and (9)".Subsec. (f)(2)(F). Pub. L. 109-280, §1104(b)(1), added subpar. (F).Subsec. (f)(4). Pub. L. 109-280, §1104(b)(2), added par. (4).2002-Subsec. (e)(5). Pub. L. 107-147, §411(p)(5), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The term 'includible compensation' means compensation for service performed for the employer which (taking into account the provisions of this section and other provisions of this chapter) is currently includible in gross income." Subsec. (e)(18). Pub. L. 107-147, §411(o)(9), added par. (18).2001-Subsec. (a). Pub. L. 107-16, §649(b)(1), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: "In the case of a participant in an eligible deferred compensation plan, any amount of compensation deferred under the plan, and any income attributable to the amounts so deferred, shall be includible in gross income only for the taxable year in which such compensation or other income is paid or otherwise made available to the participant or other beneficiary."Subsec. (b)(2). Pub. L. 107-16, §641(a)(1)(B), inserted "(other than rollover amounts)" after "taxable year" in introductory provisions. Subsec. (b)(2)(A). Pub. L. 107-16, §611(e)(1)(A), substituted "the applicable dollar amount" for "$7,500".Subsec. (b)(2)(B). Pub. L. 107-16, §632(c)(1), substituted "100 percent" for "331/3 percent".Subsec. (b)(3)(A). Pub. L. 107-16, §611(e)(1)(B), substituted "twice the dollar amount in effect under subsection (b)(2)(A)" for "$15,000".Subsec. (c). Pub. L. 107-16, §615(a), amended heading and text of subsec. (c) generally, substituting present provisions for provisions which stated that the maximum amount of compensation that an individual could defer under subsec. (a) during any taxable year could not exceed the applicable dollar amount, as modified by any adjustment provided under subsec. (b)(3), and provided for coordination with certain other deferrals.Subsec. (c)(1). Pub. L. 107-16, §611(e)(1)(A), substituted "the applicable dollar amount" for "$7,500".Subsec. (c)(2). Pub. L. 107-16, §611(d)(3)(B), substituted "402(g)(7)(A)(iii)" for "402(g)(8)(A)(iii)" in concluding provisions.Subsec. (d)(1). Pub. L. 107-16, §641(a)(1)(C), added subpar. (C) and concluding provisions. Subsec. (d)(1)(A)(ii). Pub. L. 107-16, §646(a)(3), substituted "has a severance from employment" for "is separated from service". Subsec. (d)(2). Pub. L. 107-16, §649(a), reenacted heading without change and amended text of par. (2) generally, substituting present provisions for provisions which stated that a plan would meet the minimum distribution requirements of this par. if plan met the requirements of section 401(a)(9), if plan met additional distribution requirements in the case of a deceased participant, and if any distribution payable over a period of more than 1 year would only be made in substantially nonincreasing amounts.Subsec. (d)(3). Pub. L. 107-16, §649(b)(2)(B), added par. (3).Subsec. (e)(9). Pub. L. 107-16, §649(b)(2)(A), in heading substituted "Benefits of tax exempt organization plans not treated as made available by reason of certain elections, etc." for "Benefits not treated as made available by reason of certain elections, etc." and inserted introductory provisions.Subsec. (e)(9)(A)(i). Pub. L. 107-16, §648(b), substituted "the portion of such amount which is not attributable to rollover contributions (as defined in section 411(a)(11)(D))" for "such amount".Subsec. (e)(15). Pub. L. 107-16, §611(e)(2), amended heading and text of par. (15) generally. Prior to amendment, text read as follows: "The Secretary shall adjust the $7,500 amount specified in subsections (b)(2) and (c)(1) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter ending September 30, 1994, and any increase under this paragraph which is not a multiple of $500 shall be rounded to the next lowest multiple of $500."Subsec. (e)(16). Pub. L. 107-16, §641(a)(1)(A), added par. (16).Subsec. (e)(17). Pub. L. 107-16, §647(b), added par. (17). 1997-Subsec. (e)(9)(A). Pub. L. 105-34 substituted "dollar limit" for "$3,500" in heading and "the dollar limit under section 411(a)(11)(A)" for "$3,500" in cl. (i). 1996-Subsec. (b)(6). Pub. L. 104-188, §1448(b), inserted "except as provided in subsection (g)," before "which provides that" in introductory provisions.Subsec. (c)(2)(B)(i). Pub. L. 104-188, §1421(b)(3)(C), substituted "section 402(h)(1)(B) or (k)" for "section 402(h)(1)(B)".Subsec. (e)(9). Pub. L. 104-188, §1447(a), amended par. (9) generally. Prior to amendment, par. (9) read as follows: "BENEFITS NOT TREATED AS MADE AVAILABLE BY REASON OF CERTAIN ELECTIONS.-If-"(A) the total amount payable to a participant under the plan does not exceed $3,500, and"(B) no additional amounts may be deferred under the plan with respect to the participant,the amount payable to the participant under the plan shall not be treated as made available merely because such participant may elect to receive a lump sum payable after separation from service and within 60 days of the election."Subsec. (e)(11). Pub. L. 104-188, §1458(a), amended par. (11) generally. Prior to amendment, par. (11) read as follows: "CERTAIN PLANS EXCEPTED.-Any bona fide vacation leave, sick leave, compensatory time, severance pay, disability pay, or death benefit plan shall be treated as a plan not providing for the deferral of compensation." Subsec. (e)(14). Pub. L. 104-188, §1444(b)(2), added par. (14).Subsec. (e)(15). Pub. L. 104-188, §1447(b), added par. (15).Subsec. (f)(2)(E). Pub. L. 104-188, §1444(b)(3), added subpar. (E).Subsec. (g). Pub. L. 104-188, §1448(a), added subsec. (g). 1992-Subsec. (c)(2)(B)(i). Pub. L. 102-318 substituted "402(e)(3)" for "402(a)(8)".1989-Subsec. (d)(1)(A)(iii). Pub. L. 101-239, §7811(g)(4), substituted ", and" for period at end.Subsec. (d)(2)(B)(i)(I). Pub. L. 101-239, §7811(g)(5), inserted "and" at end.Subsec. (e)(13). Pub. L. 101-239, §7816(j), substituted "Special rule for churches" for "Exception for church plans" in heading and amended text generally. Prior to amendment, text read as follows: "The term 'eligible deferred compensation plan' shall not include a plan maintained by a church for church employees. For purposes of this paragraph, the term 'church' has the meaning given such term by section 3121(w)(3)(A), including a qualified church-controlled organization (as defined in section 3121(w)(3)(B))." 1988-Subsec. (c)(2). Pub. L. 100-647, §1011(e)(1), struck out "and paragraphs (2) and (3) of subsection (b)" after "of this subsection".Pub. L. 100-647, §6071(c), substituted "rural cooperative plan" for "rural electric cooperative plan" in last sentence.Subsec. (d)(1)(A). Pub. L. 100-647, §1011(e)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the plan provides that amounts payable under the plan will be made available to participants or other beneficiaries not earlier than when the participant is separated from service with the employer or is faced with an unforeseeable emergency (determined in the manner prescribed by the Secretary by regulation), and".Subsec. (d)(2)(B)(i)(I). Pub. L. 100-647, §1011(e)(10), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: "at least 2/3 of the total amount payable with respect to the participant will be paid during the life expectancy of such participant (determined as of the commencement of the distribution), and".Subsec. (d)(10). Pub. L. 100-647, §6064(a)(2), amended subsec. (d), as in effect on the day before the date of enactment of Pub. L. 99-514 (Oct. 22, 1986), by adding par. (10) reading as follows: "CERTAIN PLANS EXCEPTED.-Any bona fide vacation leave, sick leave, compensatory time, severance pay, disability pay, or death benefit plan shall be treated as a plan not providing for the deferral of compensation." Subsec. (d)(11). Pub. L. 100-647, §6064(b)(2), amended subsec. (d), as in effect on the day before the date of enactment of Pub. L. 99-514 (Oct. 22, 1986), by adding par. (11) reading as follows: "EXCEPTION FOR NONELECTIVE DEFERRED COMPENSATION OF NONEMPLOYEES.-"(A) IN GENERAL.-This section shall not apply to nonelective deferred compensation attributable to services not performed as an employee."(B) NONELECTIVE DEFERRED COMPENSATION.-For purposes of subparagraph (a), deferred compensation shall be treated as nonelective only if all individuals (other than those who have not satisfied any applicable initial service requirement) with the same relationship to the payor are covered under the same plan with no individual variations or options under the plan."Subsec. (e)(9). Pub. L. 100-647, §1011(e)(9), inserted "after separation from service and" after "lump sum payable" in concluding provisions. Subsec. (e)(11). Pub. L. 100-647, §6064(a)(1), added par. (11).Subsec. (e)(12). Pub. L. 100-647, §6064(b)(1), added par. (12).Subsec. (e)(13). Pub. L. 100-647, §6064(c), added par. (13).1986-Pub. L. 99-514 amended section generally, substituting "Deferred compensation plans of State and local governments and tax-exempt organizations" for "Deferred compensation plans with respect to service for State and local governments" as section catchline and revising and restating as subsecs. (a) to (c), (e), and (f) provisions formerly contained in subsecs. (a) to (e) and adding provisions comprising subsec. (d).1984-Subsec. (e)(2). Pub. L. 98-369, §491(d)(33), struck out subpar. (C) which provided that par. (1) of this subsection not apply to a qualified bond purchase plan described in section 405(a), and redesignated subpars. (D) and (E) as (C) and (D), respectively.1980-Subsec. (d)(9)(B). Pub. L. 96-222 in cl. (i) struck out "described in section 501(c)(12)" after "any organization" and substituted "electric service on a mutual or cooperative basis" for "electric service" and in cl. (ii) substituted "paragraph (4) or (6) of section 501(a)" for "section 501(c)(6)" and "at least 80 percent of the members" for "all the members".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2022 AMENDMENT Amendment by section 110(f) of Pub. L. 117-328 applicable to contributions made for plan years beginning after Dec. 31, 2023, see section 110(h) of Pub. L. 117-328, set out as a note under section 401 of this title. Pub. L. 117-328, div. T, title III, §306(b), Dec. 29, 2022, 136 Stat. 5343, provided that: "The amendment made by this section [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [Dec. 29, 2022]."Amendment by section 312(c) of Pub. L. 117-328 applicable to plan years beginning after Dec. 29, 2022, see section 312(d) of Pub. L. 117-328, set out as a note under section 401 of this title.Amendment by section 334(b)(5) of Pub. L. 117-328 applicable to distributions made after the date which is 3 years after Dec. 29, 2022, see section 334(e) of Pub. L. 117-328, set out as a note under section 72 of this title.Amendment by section 603(b)(2) of Pub. L. 117-328 applicable to taxable years beginning after Dec. 31, 2023, see section 603(c) of Pub. L. 117-328, set out as a note under section 402 of this title.
EFFECTIVE DATE OF 2019 AMENDMENT Amendment by section 104(b) of Pub. L. 116-94 applicable to plan years beginning after Dec. 31, 2019, see section 104(c) of Pub. L. 116-94, set out as a note under section 401 of this title.Amendment by section 109(d) of Pub. L. 116-94 applicable to plan years beginning after Dec. 31, 2019, see section 109(e) of Pub. L. 116-94, set out as a note under section 401 of this title.
EFFECTIVE DATE OF 2017 AMENDMENT Pub. L. 115-97, §13612(d), Dec. 22, 2017, 131 Stat. 2166, provided that: "The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 2017."
EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95, set out as a note under section 6301 of Title 20, Education.
EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113-295 effective Dec. 19, 2014, subject to a savings provision, see section 221(b) of Pub. L. 113-295, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-245 applicable with respect to deaths and disabilities occurring on or after Jan. 1, 2007, see section 104(d)(1) of Pub. L. 110-245, set out as a note under section 401 of this title.
EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 829(a)(4) of Pub. L. 109-280 applicable to distributions after Dec. 31, 2006, see section 829(b) of Pub. L. 109-280, set out as a note under section 402 of this title.Amendment by section 845(b)(3) of Pub. L. 109-280 applicable to distributions in taxable years beginning after Dec. 31, 2006, see section 845(c) of Pub. L. 109-280, set out as a note under section 402 of this title. Pub. L. 109-280, §1104(d), Aug. 17, 2006, 120 Stat. 1060, as amended by Pub. L. 110-458, §111(a), Dec. 23, 2008, 122 Stat. 5113, provided that:"(1) IN GENERAL.-The amendments made by this section [amending this section and sections 623 and 1002 of Title 29, Labor] shall take effect on the date of the enactment of this Act [Aug. 17, 2006]. "(2) TAX AMENDMENTS.-The amendments made by subsections (a)(1) and (b) [amending this section] shall apply to taxable years ending after the date of the enactment of this Act [Aug. 17, 2006]."(3) ERISA AMENDMENTS.-The amendment made by subsection (c) [amending section 1002 of Title 29, Labor] shall apply to plan years ending after the date of the enactment of this Act [Aug. 17, 2006]."(4) CONSTRUCTION.-Nothing in the amendments made by this section [amending this section and sections 623 and 1002 of Title 29, Labor] shall alter or affect the construction of the Internal Revenue Code of 1986, the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1001 et seq.], or the Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et seq.] as applied to any plan, arrangement, or conduct to which such amendments do not apply."
EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-147 effective as if included in the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, Pub. L. 107-16, to which such amendment relates, see section 411(x) of Pub. L. 107-147, set out as a note under section 25B of this title.
EFFECTIVE DATE OF 2001 AMENDMENT Amendment by section 611(d)(3)(B), (e) of Pub. L. 107-16 applicable to years beginning after Dec. 31, 2001, see section 611(i)(1) of Pub. L. 107-16, set out as a note under section 415 of this title. Pub. L. 107-16, §615(b), June 7, 2001, 115 Stat. 102, provided that: "The amendment made by subsection (a) [amending this section] shall apply to years beginning after December 31, 2001." Pub. L. 107-16, §632(c)(2), June 7, 2001, 115 Stat. 115, provided that: "The amendment made by this subsection [amending this section] shall apply to years beginning after December 31, 2001."Amendment by section 641(a)(1)(A)-(C) of Pub. L. 107-16 applicable to distributions after Dec. 31, 2001, see section 641(f)(1) of Pub. L. 107-16, set out as a note under section 402 of this title.Amendment by section 646(a)(3) of Pub. L. 107-16 applicable to distributions after Dec. 31, 2001, see section 646(b) of Pub. L. 107-16, set out as a note under section 401 of this title. Amendment by section 647(b) of Pub. L. 107-16 applicable to trustee-to-trustee transfers after Dec. 31, 2001, see section 647(c) of Pub. L. 107-16, set out as a note under section 403 of this title. Amendment by section 648(b) of Pub. L. 107-16 applicable to distributions after Dec. 31, 2001, see section 648(c) of Pub. L. 107-16, set out as a note under section 411 of this title. Pub. L. 107-16, §649(c), June 7, 2001, 115 Stat. 128, provided that: "The amendments made by subsections (a) and (b) [amending this section] shall apply to distributions after December 31, 2001."
EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-34 applicable to plan years beginning after Aug. 5, 1997, see section 1071(c) of Pub. L. 105-34, set out as a note under section 411 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 1421(b)(3)(C) of Pub. L. 104-188 applicable to taxable years beginning after Dec. 31, 1996, see section 1421(e) of Pub. L. 104-188, set out as a note under section 72 of this title. Amendment by section 1444(b)(2), (3) of Pub. L. 104-188 applicable to years beginning after Dec. 31, 1994, see section 1444(e) of Pub. L. 104-188, set out as a note under section 415 of this title. Pub. L. 104-188, §1447(c), Aug. 20, 1996, 110 Stat. 1812, provided that: "The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 1996." Pub. L. 104-188, §1448(c), Aug. 20, 1996, 110 Stat. 1813, provided that:"(1) IN GENERAL.-Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply to assets and income described in section 457(b)(6) of the Internal Revenue Code of 1986 held by a plan on and after the date of the enactment of this Act [Aug. 20, 1996]."(2) TRANSITION RULE.-In the case of a plan in existence on the date of the enactment of this Act, a trust need not be established by reason of the amendments made by this section before January 1, 1999." Pub. L. 104-188, §1458(c)(1), Aug. 20, 1996, 110 Stat. 1820, provided that: "The amendment made by subsection (a) [amending this section] shall apply to accruals of length of service awards after December 31, 1996."
EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-318 applicable to distributions after Dec. 31, 1992, see section 521(e) of Pub. L. 102-318, set out as a note under section 402 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, to which such amendment relates, see section 7817 of Pub. L. 101-239, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100-647, title I, §1011(e)(9), Nov. 10, 1988, 102 Stat. 3461, provided that the amendment made by that section is effective for years beginning after Dec. 31, 1988.Amendment by section 1011(e)(1), (2), (10) of Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title. Pub. L. 100-647, title VI, §6064(d), Nov. 10, 1988, 102 Stat. 3701, provided that:"(1) IN GENERAL.-The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 1987."(2) EXCEPTION FOR CERTAIN COLLECTIVELY BARGAINED PLANS.-"(A) IN GENERAL.-Section 457 of the 1986 Code (as in effect before and after the amendments made by section 1107 of the Reform Act [Pub. L. 99-514]) shall not apply to nonelective deferred compensation provided under a plan in existence on December 31, 1987, and maintained pursuant to a collective bargaining agreement. "(B) NONELECTIVE PLAN.-For purposes of this paragraph, a nonelective plan is a plan which covers a broad group of employees and under which the covered employees earn nonelective deferred compensation under a definite, fixed and uniform benefit formula."(C) TERMINATION.-This paragraph shall cease to apply to a plan as of the effective date of the first material modification of the plan agreed to after December 31, 1987. "(3) TREATMENT OF CERTAIN NONELECTIVE DEFERRED COMPENSATION.-Section 457 of the 1986 Code shall not apply to amounts deferred under a nonelective deferred compensation plan maintained by an eligible employer described in section 457(e)(1)(A) of the 1986 Code (as in effect after the Reform Act [Pub. L. 99-514])-"(A) if such amounts were deferred from periods before July 14, 1988, or"(B) if-"(i) such amounts are deferred from periods on or after such date pursuant to an agreement which-"(I) was in writing on such date, and"(II) on such date provides for a deferral for each taxable year covered by the agreement of a fixed amount or of an amount determined pursuant to a fixed formula, and"(ii) the individual with respect to whom the deferral is made was covered under such agreement on such date.Subparagraph (B) shall not apply to any taxable year ending after the date on which any modification of the amount or formula described in subparagraph (B)(i)(II) agreed to in writing before January 1, 1989, is effective. The preceding sentence shall not apply to a modification agreed to in writing before January 1, 1989, which does not increase any benefit of a participant. Amounts described in the first sentence of this paragraph shall be taken into account for purposes of applying section 457 of the 1986 Code to other amounts deferred under any eligible deferred compensation plan."(4) STUDY.-The Secretary of the Treasury or his delegate shall conduct a study on the tax treatment of deferred compensation paid by State and local governments and tax-exempt organizations (including deferred compensation paid to independent contractors). Not later than January 1, 1990, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the study conducted under this paragraph together with such recommendations as he may deem advisable."[The due date for the report on the study referred to in section 6064(d)(4) of Pub. L. 100-647, set out above, extended to Jan. 1, 1992, by Pub. L. 101-508, §11831(b), Nov. 5, 1990, 104 Stat. 1388-559.]Amendment by section 6071(c) of Pub. L. 100-647 applicable to taxable years beginning after Nov. 10, 1988, see section 6071(d) of Pub. L. 100-647, set out as a note under section 401 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99-514, title XI, §1107(c), Oct. 22, 1986, 100 Stat. 2430, as amended by Pub. L. 100-647, title I, §1011(e)(6), (7), Nov. 10, 1988, 102 Stat. 3461, provided that:"(1) IN GENERAL.-Except as provided in this subsection, the amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 1988."(2) TRANSFERS AND CASH-OUTS.-Paragraphs (9) and (10) of section 457(e) of the Internal Revenue Code of 1986 (as amended by this section) shall apply to taxable years beginning after December 31, 1986."(3) APPLICATION TO TAX-EXEMPT ORGANIZATIONS.-"(A) IN GENERAL.-Except as provided in subparagraph (B), the application of section 457 of the Internal Revenue Code of 1986 by reason of the amendments made by this section to deferred compensation plans established and maintained by organizations exempt from tax shall apply to taxable years beginning after December 31, 1986. "(B) EXISTING DEFERRALS AND ARRANGEMENTS.-Section 457 of such Code shall not apply to amounts deferred under a plan described in subparagraph (A) which-"(i) were deferred from taxable years beginning before January 1, 1987, or"(ii) are deferred from taxable years beginning after December 31, 1986, pursuant to an agreement which- "(I) was in writing on August 16, 1986,"(II) on such date provides for a deferral for each taxable year covered by the agreement of a fixed amount or of an amount determined pursuant to a fixed formula.Clause (ii) shall not apply to any taxable year ending after the date on which any modification to the amount or formula described in subclause (II) is effective. Amounts described in the first sentence shall be taken into account for applying section 457 to other amounts deferred under any deferred compensation plan. This subparagraph shall only apply to individuals who were covered under the plan and agreement on August 16, 1986."(4) DEFERRED COMPENSATION PLANS FOR STATE JUDGES.-The amendments made by this section shall not apply to any qualified State judicial plan (as defined in section 131(c)(3)(B) of the Revenue Act of 1978 [set out as a note below] as amended by section 252 of the Tax Equity and Fiscal Responsibility Act of 1982)."(5) SPECIAL RULE FOR CERTAIN DEFERRED COMPENSATION PLANS.-The amendments made by this section shall not apply-"(A) to employees on August 16, 1986, of a nonprofit corporation organized under the laws of the State of Alabama maintaining a deferred compensation plan with respect to which the Internal Revenue Service issued a ruling dated March 17, 1976, that the plan would not affect the tax-exempt status of the corporation, or"(B) to to [sic] individuals eligible to participate on August 16, 1986, in a deferred compensation plan with respect to which a letter dated November 6, 1975, submitted the original plan to the Internal Revenue Service, an amendment was submitted on November 19, 1975, and the Internal Revenue Service responded with a letter dated December 24, 1975,but only with respect to deferrals under such plan."
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-369 applicable to obligations issued after Dec. 31, 1983, see section 491(f)(1) of Pub. L. 98-369, set out as a note under section 62 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-222 effective, except as otherwise provided, as if it had been included in the provisions of the Revenue Act of 1978, Pub. L. 95-600, to which such amendment relates, see section 201 of Pub. L. 96-222, set out as a note under section 32 of this title.
EFFECTIVE DATEPub. L. 95-600, title I, §131(c)(1), Nov. 6, 1978, 92 Stat. 2782, provided that: "The amendments made by this section [enacting this section] shall apply to taxable years beginning after December 31, 1978."
ELIGIBILITY FOR PARTICIPATION IN RETIREMENT PLANS Pub. L. 109-280, §825, Aug. 17, 2006, 120 Stat. 999, provided that: "An individual shall not be precluded from participating in an eligible deferred compensation plan by reason of having received a distribution under section 457(e)(9) of the Internal Revenue Code of 1986, as in effect prior to the enactment of the Small Business Job Protection Act of 1996 [Pub. L. 104-188, Aug. 20, 1996]."
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1998For provisions directing that if any amendments made by subtitle D [§§1401-1465] of title I of Pub. L. 104-188 require an amendment to any plan or annuity contract, such amendment shall not be required to be made before the first day of the first plan year beginning on or after Jan. 1, 1998, see section 1465 of Pub. L. 104-188, set out as a note under section 401 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1994For provisions directing that if any amendments made by subtitle B [§§521-523] of title V of Pub. L. 102-318 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1994, see section 523 of Pub. L. 102-318, set out as a note under section 401 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§1100-1147 and 1171-1177] or title XVIII [§§1800-1899A] of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of this title.
TRANSITIONAL RULESPub. L. 95-600, title I, §131(c)(2), Nov. 6, 1978, 92 Stat. 2782, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that:"(A) IN GENERAL.-In the case of any taxable year beginning after December 31, 1978, and before January 1, 1982- "(i) any amount of compensation deferred under a plan of a State providing for a deferral of compensation (other than a plan described in section 457(e)(2) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]), and any income attributable to the amounts so deferred, shall be includible in gross income only for the taxable year in which such compensation or other income is paid or otherwise made available to the participant or other beneficiary, but"(ii) the maximum amount of the compensation of any one individual which may be excluded from gross income by reason of clause (i) and by reason of section 457(a) of such Code during any such taxable year shall not exceed the lesser of-"(I) $7,500, or"(II) 331/3 percent of the participant's includible compensation."(B) APPLICATION OF CATCH-UP PROVISIONS IN CERTAIN CASES.-If, in the case of any participant for any taxable year, all of the plans are eligible State deferred compensation plans, then clause (ii) of subparagraph (A) of this paragraph shall be applied with the modification provided by paragraph (3) of section 457(b) of such Code. "(C) APPLICATIONS OF CERTAIN COORDINATION PROVISIONS.-In applying clause (ii) of subparagraph (A) of this paragraph and section 403(b)(2)(A)(ii) of such Code, rules similar to the rules of section 457(c)(2) of such Code shall apply."(D) MEANING OF TERMS.-Except as otherwise provided in this paragraph, terms used in this paragraph shall have the same meaning as when used in section 457 of such Code."
DEFERRED COMPENSATION PLANS FOR STATE JUDGESPub. L. 95-600, title I, §131(c)(3), as added by Pub. L. 97-248, title II, §252, Sept. 3, 1982, 96 Stat. 532, and amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that:"(A) IN GENERAL.-The amendments made by this section [enacting this section and provisions set out as notes under this section] shall not apply to any qualified State judicial plan."(B) QUALIFIED STATE JUDICIAL PLAN.-For purposes of subparagraph (A), the term 'qualified State judicial plan' means any retirement plan of a State for the exclusive benefit of judges or their beneficiaries if-"(i) such plan has been continuously in existence since December 31, 1978, "(ii) under such plan, all judges eligible to benefit under the plan-"(I) are required to participate, and "(II) are required to contribute the same fixed percentage of their basic or regular rate of compensation as judge,"(iii) under such plan, no judge has an option as to contributions or benefits the exercise of which would affect the amount of includible compensation, "(iv) the retirement payments of a judge under the plan are a percentage of the compensation of judges of that State holding similar positions, and"(v) the plan during any year does not pay benefits with respect to any participant which exceed the limitations of section 415(b) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]."
- Internal Revenue Code of 1986
- The term "Internal Revenue Code of 1986" means this title, and the term "Internal Revenue Code of 1939" means the Internal Revenue Code enacted February 10, 1939, as amended.
- Secretary of the Treasury
- The term "Secretary of the Treasury" means the Secretary of the Treasury, personally, and shall not include any delegate of his.
- Secretary
- The term "Secretary" means the Secretary of the Treasury or his delegate.
- State
- The term "State" shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
- corporation
- The term "corporation" includes associations, joint-stock companies, and insurance companies.
- person
- The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
- student
- The term "student" means any individual-(i) who is temporarily present in the United States-(I) under subparagraph (F) or (M) of section 101(15) of the Immigration and Nationality Act, or(II) as a student under subparagraph (J) or (Q) of such section 101(15), and(ii) who substantially complies with the requirements for being so present.
- taxable year
- The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.