k man Posted July 15, 2002 Share Posted July 15, 2002 we deal with a church plan with an employer contribution that has not filed 5500's nor has it made an election under ERISA. However, the plan is operated like an ERISA plan insofar as it has a vesting schedule and participation restrictions such as a one year wait. the question is: does operating a non-electing church plan in accordance with ERISA somehow subject it to the requirement to file a 5500? Link to comment Share on other sites More sharing options...
Guest Danny Miller Posted July 15, 2002 Share Posted July 15, 2002 The good news is, no, having a plan that contains ERISA language and even complying with ERISA (even to the point of filing 5500s) doesn't mean you've elected to be subject to ERISA. There are a couple of IRS private letter rulings that even say this. Of course, if you've promised eemployees something in your plan, you may have a contractual issue in terms of being able to change that promise, at least on a retroactive basis. Hope this helps. Link to comment Share on other sites More sharing options...
k man Posted July 15, 2002 Author Share Posted July 15, 2002 yes it helps alot. thanks. Link to comment Share on other sites More sharing options...
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