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Dual Status Public Ed

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Has anyone seen a non-ERISA 403(b) plan sponsored by a dual status (i..e, 501©(3) and governmental) public education entity?

Thanks!!

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No, but only because there are very few dual status public education entities. The usual reason a governmental entity seeks 501©(3) status is to be able to offer a 403(b) plan. However, since a public school or university can offer a 403(b) plan without getting 501©(3) status, few of them apply for it.

That being said, a governmental plan is exempt from ERISA, regardless of whether it also has 501©(3) status, so this should not be an issue.

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Carol:

What is the current thinking by the IRS about government entities or instrumentalities that are not education institutions and get 501© (3) status? The last indication I saw was skepticism about license to maintain a 403(b) plan.

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