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non-electing church plan and ADEA


Guest cbclark
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Guest cbclark

This seems like a basic question, but is a non-electing church plan required to comply with the Age Discrimination in Employment Act? A plan exludes from participation any ministers who are age 70 or older (I think that is the age). Thanks for any help.

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This seems like a basic question, but is a non-electing church plan required to comply with the Age Discrimination in Employment Act? A plan exludes from participation any ministers who are age 70 or older (I think that is the age). Thanks for any help.

There's no specific exclusion for churches under ADEA but I believe there has been some case law stating that the 1st amendment may preempt application of ADEA in certain circumstances.

I would speak with counsel. Some research is needed.

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