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ERISA Section 203(a)(3)(B)


alexa
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No. ERISA section 203 is part of Subchapter I of ERISA. ERISA section 4 states that

The provisions of this subchapter shall not apply to any employee benefit plan if—
(1) such plan is a governmental plan (as defined in section 2 (32) of this title);

The only vesting standards to which governmental plans are subject are those found in the Internal Revenue Code. See this link for the IRS position concerning what vesting standards would apply to a governmental 401(a) plan.

Employee benefits legal resource site

The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.

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Thanks

I had thought Title I of ERISA for the most part did not apply to governmental plans.

However, our plan document contains the language for suspension of benefits.

WE suspended benefits for someone who was at NRA (in our plan age 55 & unreduced or age 62 , whichever is earlier)

The indiivual in question was age 57 at initial retirement (had 30 years of service)

We are wanting to rething this and make age 62 the age whereby benefits cannot be suspended

I am assuming we can pretty much do anything reasonable here?

thanks

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