Governmental plans are exempt from PBGC coverage under the ERISA. Opinion letter 96-3 gives guidelines from the ERISA section (4021)(b)(2) for determining if an organization is a government employer.
Other than governmental employers, who can establish a 457(b) plan?
The organization must be a tax-exempt organization under IRC 501(c), excluding churches as defined under IRC 3121(w). The most common example of a non-governmental organization sponsoring a 457(b) plan would be a charity which is tax-exempt under IRC 501(c)(3). Other examples include certain credit unions, country clubs, civic leagues and other groups organized under IRC … Read more