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Going from ERISA 403(b) status to Non-ERISA 403(b) status


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Good afternoon, 

If a private non-profit entity sponsors an ERISA 403(b) plan with an employer match, and then discontinues the match, can the plan be reclassified as a Non-ERISA 403(b) plan and stop filing Form 5500-SF?  Would the plan need to be amended and restated into a Non-ERISA document?  Would the mere presence of old account balances derived from employer matching in previous years make the plan continue to be covered by ERISA?

Thanks as always for your help.

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The old account balances would cause the plan to be an ERISA plan.  The only exception dealt with certain pre-2009 403(b) plans that ceased to have employer contributions after that. Field Assistance Bulletin No. 2009-02.

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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