The IRS and the Department of Treasury are requesting comments on possible standards for determining if a retirement plan is a governmental plan under section 414(d) of the Internal Revenue Code.

Federal, state, local and Indian tribal governments and their employees are interested in this topic because the statutory rules that apply to governmental plans are different from those that apply to non-governmental plans.

The agencies released drafts of possible approaches to guidance in this area on Nov. 7. Comments are invited on these approaches, other possible approaches and other issues that should be taken into account. The IRS also plans to conduct meetings with interested taxpayers in different areas across the country.