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Church Plan Newbee

Lori Foresz

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I have had to research church plans for the first time and I have read through every thread since 1999. I was hoping to get clarification on these items.

1. Do the nondiscrimination rules apply to church 401(k) plans? I see a thread that says, yes, now these rules do apply (maybe after SBJPA??).

2. It looks like there is no submission required to be a nonelecting church plan. So, if you're relatively confident you're a church (i.e. a jewish temple) then you don't need to file for church status.

3. Non-electing church plans have no Form 5500 requirements.

4. Can a non-electing church plan use a prototype document that has ERISA language and still not be considered an ERISA plan. I think this is yes, but want to confirm.

Any help is greatly appreciated!!

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