Internal Revenue Code · 26 U.S.C.
§ 457. Deferred compensation plans of State and local governments and tax-exempt organizations
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 457
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Added
- November 6, 1978 by Pub. L. 95–600
- Last amended
- December 29, 2022 by Pub. L. 117–328
- Amendments
- 18 dated changes in the source credit
- Length
- 7 subsections · 4,110 words · about 18 min to read
- Defines
- 11 terms
- Cross-references
- cites 11; cited by 23 Code sections and 41 other regulations
- Regulations
- 12 issued under this section
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.
A plan meets the minimum distribution requirements of this paragraph if such plan meets the requirements of section 401(a)(9).
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.
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.
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.
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.
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.
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)).
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.
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).
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 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).
(Added Pub. L. 95–600, title I, § 131(a), Nov. 6, 1978, 92 Stat. 2779; amended Pub. L. 96–222, title I, § 101(a)(4), Apr. 1, 1980, 94 Stat. 196; Pub. L. 98–369, div. A, title IV, § 491(d)(33), July 18, 1984, 98 Stat. 851; Pub. L. 99–514, title XI, § 1107(a), Oct. 22, 1986, 100 Stat. 2426; Pub. L. 100–647, title I, § 1011(e)(1), (2), (9), (10), title VI, §§ 6064(a)–(c), 6071(c), Nov. 10, 1988, 102 Stat. 3460, 3461, 3700, 3701, 3705; Pub. L. 101–239, title VII, §§ 7811(g)(4), (5), 7816(j), Dec. 19, 1989, 103 Stat. 2409, 2421; Pub. L. 102–318, title V, § 521(b)(26), July 3, 1992, 106 Stat. 312; Pub. L. 104–188, title I, §§ 1421(b)(3)(C), 1444(b)(2), (3), 1447(a), (b), 1448(a), (b), 1458(a), Aug. 20, 1996, 110 Stat. 1796, 1810, 1812, 1813, 1819; Pub. L. 105–34, title X, § 1071(a)(2), Aug. 5, 1997, 111 Stat. 948; Pub. L. 107–16, title VI, §§ 611(d)(3)(B), (e), 615(a), 632(c)(1), 641(a)(1)(A)–(C), 646(a)(3), 647(b), 648(b), 649(a), (b), June 7, 2001, 115 Stat. 98, 102, 115, 118, 119, 126–128; Pub. L. 107–147, title IV, § 411(o)(9), (p)(5), Mar. 9, 2002, 116 Stat. 49, 51; Pub. L. 109–280, title VIII, §§ 829(a)(4), 845(b)(3), title XI, § 1104(a)(1), (b), Aug. 17, 2006, 120 Stat. 1002, 1015, 1058, 1059; Pub. L. 110–245, title I, § 104(c)(3), June 17, 2008, 122 Stat. 1627; Pub. L. 113–295, div. A, title II, § 221(a)(57)(H), Dec. 19, 2014, 128 Stat. 4047; Pub. L. 114–95, title IX, § 9215(uu)(2), Dec. 10, 2015, 129 Stat. 2183; Pub. L. 115–97, title I, § 13612(a)–(c), Dec. 22, 2017, 131 Stat. 2165; Pub. L. 115–141, div. U, title IV, § 401(a)(112), Mar. 23, 2018, 132 Stat. 1189; Pub. L. 116–94, div. M, § 104(b), div. O, title I, § 109(d), Dec. 20, 2019, 133 Stat. 3095, 3151; Pub. L. 117–328, div. T, title I, § 110(f), title III, §§ 306(a), 312(c), 334(b)(5), title VI, § 603(b)(2), Dec. 29, 2022, 136 Stat. 5293, 5343, 5348, 5370, 5392.)
Terms defined here
Where the text says “the term … means”. Select a term to jump to its definition.
- applicable employment retention plan § 457(f)(4)(C)
- applicable voluntary early retirement incentive plan § 457(e)(11)(D)(ii)
- beneficiary § 457(e)(4)
- eligible deferred compensation plan § 457(b)
- eligible employer § 457(e)(1)
- eligible employer § 457(e)(13)
- employment retention plan § 457(f)(4)(D)
- includible compensation § 457(e)(5)
- participant § 457(e)(3)
- plan § 457(f)(3)(A)
- qualified services § 457(e)(11)(C)
Regulations under this section
Treasury regulations (26 CFR) issued under § 457
- § 1.457-1 General overviews of section 457.
- § 1.457-2 Definitions.
- § 1.457-3 General introduction to eligible plans.
- § 1.457-4 Annual deferrals, deferral limitations, and deferral agreements under eligible plans.
- § 1.457-5 Individual limitation for combined annual deferrals under multiple eligible plans
- § 1.457-6 Timing of distributions under eligible plans.
- § 1.457-7 Taxation of Distributions Under Eligible Plans.
- § 1.457-8 Funding rules for eligible plans.
- § 1.457-9 Effect on eligible plans when not administered in accordance with eligibility requirements.
- § 1.457-10 Miscellaneous provisions.
- § 1.457-11 Tax treatment of participants if plan is not an eligible plan.
- § 1.457-12 Effective dates.
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 11 other sections
- § 72(t)(9) Annuities; certain proceeds of endowment and life insurance contracts
- § 402 Taxability of beneficiary of employees’ trust
- § 401(a) Qualified pension, profit-sharing, and stock bonus plans
- § 415(c)(3) Limitations on benefits and contribution under qualified plans
- § 411(a)(11)(D) Minimum vesting standards
- § 414(j) Definitions and special rules
- § 501(a) Exemption from tax on corporations, certain trusts, etc.
- § 3121(w)(3)(A) Definitions
- § 4974(c) Excise tax on certain accumulations in qualified retirement plans
- § 403 Taxation of employee annuities
- § 83 Property transferred in connection with performance of services
Cited by 23 Code sections
- § 25B(d)(1)(B)(ii)(II) Elective deferrals and IRA contributions by certain individuals
- § 72(o)(4) Annuities; certain proceeds of endowment and life insurance contracts
- § 219(g)(5)(B) Retirement savings
- § 401(a)(9)(I)(i)(II) Qualified pension, profit-sharing, and stock bonus plans
- § 402(c)(8)(B)(v) Taxability of beneficiary of employees’ trust
- § 402A(c)(4)(A) Optional treatment of elective deferrals as Roth contributions
- § 403(b)(12)(A)(ii) Taxation of employee annuities
- § 408(q)(3)(A) Individual retirement accounts
- § 408A(d)(3)(A) Roth IRAs
- § 409A(d)(2)(B) Inclusion in gross income of deferred compensation under nonqualified deferred compensation plans
- § 411(a)(11)(D) Minimum vesting standards
- § 414(o) Definitions and special rules
- § 415(b)(2)(A) Limitations on benefits and contribution under qualified plans
- § 529A(b)(7)(A)(iii) Qualified ABLE programs
- § 818(a)(6)(A) Other definitions and special rules
- § 3121(a)(5)(I) Definitions
- § 3401(a)(12)(E) Definitions
- § 3405(d)(2)(B)(iv) Special rules for pensions, annuities, and certain other deferred income
- § 4960(a)(2) Tax on excess tax-exempt organization executive compensation
- § 4965(c)(6) Excise tax on certain tax-exempt entities entering into prohibited tax shelter transactions
- § 4974(a) Excise tax on certain accumulations in qualified retirement plans
- § 6051(a)(8) Receipts for employees
- § 6433(d)(1)(B)(ii) Saver’s Match
Cited in 41 regulations not issued under it
- § 1.101-1 Exclusion from gross income of proceeds of life insurance contracts payable by reason of death.
- § 1.101-2 Employees' death benefits.
- § 1.162-33 Certain employee remuneration in excess of $1,000,000 not deductible for taxable years beginning after December 31, 2017.
- § 1.199A-2 Determination of W-2 wages and unadjusted basis immediately after acquisition of qualified property.
- § 1.199A-11 Wage limitation for the section 199A(g) deduction.
- § 1.401(a)-21 Rules relating to the use of an electronic medium to provide applicable notices and to make participant elections.
- § 1.401(a)(9)-1 Minimum distribution requirement in general.
- § 1.401(a)(9)-6 Required minimum distributions for defined benefit plans and annuity contracts.
- § 1.401(k)-1 Certain cash or deferred arrangements.
- § 1.401(k)-4 SIMPLE 401(k) plan requirements.
- § 1.402(c)-2 Eligible rollover distributions.
- § 1.403(b)-3 Exclusion for contributions to purchase section 403(b) contracts.
- § 1.403(b)-4 Contribution limitations.
- § 1.403(b)-5 Nondiscrimination rules.
- § 1.403(b)-10 Miscellaneous provisions.
- § 1.408(q)-1 Deemed IRAs in qualified employer plans.
- § 1.409A-0 Table of contents.
- § 1.409A-1 Definitions and covered plans.
- § 1.409A-3 Permissible payments.
- § 1.414(s)-1 Definition of compensation.
- § 1.414(v)-1 Catch-up contributions.
- § 1.414(v)-2 Catch-up contributions required to be designated Roth contributions under section 414(v)(7).
- § 1.414(w)-1 Permissible withdrawals from eligible automatic contribution arrangements.
- § 1.415(a)-1 General rules with respect to limitations on benefits and contributions under qualified plans.
Show 17 more
- § 1.415(c)-2 Compensation.
- § 1.529A-2 Qualified ABLE program.
- § 1.1473-1 Section 1473 definitions.
- § 1.6047-2 Information relating to qualifying longevity annuity contracts.
- § 1.7520-3 Limitation on the application of section 7520.
- § 20.7520-3 Limitation on the application of section 7520.
- § 25.7520-3 Limitation on the application of section 7520.
- § 31.3121(b)(7)-2 Service by employees who are not members of a public retirement system.
- § 31.3121(v)(2)-1 Treatment of amounts deferred under certain nonqualified deferred compensation plans.
- § 31.3121(v)(2)-2 Effective dates and transition rules.
- § 35.3405-1T Questions and answers relating to withholding on pensions, annuities, and certain other deferred income (temporary regulations).
- § 53.4960-2 Determination of remuneration paid for a taxable year.
- § 53.4960-3 Determination of whether there is a parachute payment.
- § 53.4965-2 Covered tax-exempt entities.
- § 53.4968-3 Related organizations.
- § 54.4974-1 Excise tax on accumulations in qualified retirement plans.
- § 301.7701-7 Trusts—domestic and foreign.
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 117–328Parts changed in 2022: (b) (b)(4) (d)(1)(A)(v) (d)(4) (e)(18)(A)(ii)
- Amended by Pub. L. 116–94Parts changed in 2019: (d)(1)(A)(i) (d)(1)(A)(iv) (d)(1)(D)
- Amended by Pub. L. 115–141Parts changed in 2018: (f)(4)(C)(i)
- Amended by Pub. L. 115–97Parts changed in 2017: (e)(11)(B)(ii) (e)(11)(B)(iii) (e)(11)(B)(iv)
- Amended by Pub. L. 114–95Parts changed in 2015: (e)(11)(D)(ii)(I)
- Amended by Pub. L. 113–295Parts changed in 2014: (e)(15)(A)
- Amended by Pub. L. 110–245Parts changed in 2008: (g)(4)
- Amended by Pub. L. 109–280Parts changed in 2006: (a)(3) (e)(11)(D) (e)(16)(B) (f)(2)(F) (f)(4)
- Amended by Pub. L. 107–147Parts changed in 2002: (e)(5) (e)(18)
- Amended by Pub. L. 107–16Parts changed in 2001: (a) (b)(2) (b)(2)(A) (b)(2)(B) (b)(3)(A) (c) (c)(1) (c)(2) (d)(1) (d)(1)(A)(ii) (d)(2) (d)(3) (e)(9) (e)(9)(A)(i) (e)(15) (e)(16) (e)(17)
- Amended by Pub. L. 105–34Parts changed in 1997: (e)(9)(A)
- Amended by Pub. L. 104–188Parts changed in 1996: (b)(6) (c)(2)(B)(i) (e)(9) (e)(11) (e)(14) (e)(15) (f)(2)(E) (g)
- Amended by Pub. L. 102–318Parts changed in 1992: (c)(2)(B)(i)
- Amended by Pub. L. 101–239Parts changed in 1989: (d)(1)(A)(iii) (d)(2)(B)(i)(I) (e)(13)
- Amended by Pub. L. 100–647Parts changed in 1988: (c)(2) (d)(1)(A) (d)(2)(B)(i)(I) (d)(10) (d)(11) (e)(9) (e)(11) (e)(12) (e)(13)
- Amended by Pub. L. 99–514
- Amended by Pub. L. 98–369Parts changed in 1984: (e)(2)
- Amended by Pub. L. 96–222Parts changed in 1980: (d)(9)(B)
- Added by Pub. L. 95–600
Where it sits in the Code
- Subtitle A Income Taxes
- Chapter 1 NORMAL TAXES AND SURTAXES
- Subchapter E Accounting Periods and Methods of Accounting
- Part II METHODS OF ACCOUNTING
- Subpart B Taxable Year for Which Items of Gross Income Included
Nearby sections
- § 453C Repealed
- § 454 Obligations issued at discount
- § 455 Prepaid subscription income
- § 456 Prepaid dues income of certain membership organizations
- § 457 Deferred compensation plans of State and local governments and tax-exempt organizations
- § 457A Nonqualified deferred compensation from certain tax indifferent parties
- § 458 Magazines, paperbacks, and records returned after the close of the taxable year
- § 460 Special rules for long-term contracts
Official notes
The Law Revision Counsel's notes for this section (amendments, effective dates and related laws) are long, so they have their own page.