Guest MichiganGirl Posted April 23, 2010 Report Share Posted April 23, 2010 I am working with an employer that is associated with a church, and is in the process of establishing an administrative committee to administer its 403(b) and welfare plans to fall within the church plan definition of Section 414(e). (Note that they do have a legal opinion that if they take this step they will most likely be considered church plans.) The employer previously had ERISA language in its plan documents and filed 5500s. It recently discovered that it failed to file 5500s for the 2007 and 2008 plan years for its 403(b). In addition it is questioning whether it should file the 5500s for the 2009 plan year, given that it is taking steps to be a church plan in 2010 (the process of which started in 2009). Does anyone have any insight as to where the IRS will come out in its pending guidance regarding church plans? For example, if they previously filed 5500s and had ERISA language in their documents, but now have removed the ERISA language and desire to file the 2009 5500 as the "final" 5500, will the IRS consider them to have "deemed" to have elected to be covered by ERISA due to the filing of the 5500s and the ERISA language? Or will their be some type of grandfather for plans that are church plans on the date the guidance is issued, regardless of when they became church plans? Thanks in advance for any thoughts or insights!! Link to comment Share on other sites More sharing options...
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