Guest CJK Posted October 26, 2001 Posted October 26, 2001 Would there be any "protected benefit" issues in a situation where a "non-ERISA" §403(B)(7) custodial arangement is merged into an "ERISA" §403(B)(7) arrangement?
Carol V. Calhoun Posted October 27, 2001 Posted October 27, 2001 Hmm, I'd say the answer would be a firm "maybe." Going from a non-ERISA plan (either non-ERISA because the employer is a church or governmental entity, or non-ERISA because it is salary-reduction only and meets the other Labor Department tests for not being subject to ERISA) is one of the least explored areas in this whole area of law. I have long wished for guidance on whether the new ERISA rights apply to all money for all participants, or only to persons who have an hour of service after the transformation, or only to money contributed after the transformation. And as far as I've been able to make out, there simply has not been any guidance on this issue. 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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