Prototype document and church plans

[Guest StephJT]

Can a 401(k) non-electing church plan use a prototype document? The plan has no unusual provisions. The primary problem I see is the inclusion of ERISA language in the document. Can anyone cite a private letter ruling that addressed a similar situation?

Does a church plan still have to submit a request for ruling on church plan status to both the IRS and DOL?

Is their a requirement that the employer of a non-electing church plan NOT serve as Plan Administrator? The IRS ruling regarding church plan status my client has seems to suggest that a committee, "operating independent of the corporation", must be appointed as Plan Administrator. I don't know why. Nor do I know how to interpret "operating independent of the corporation," - does this mean the committee cannot be employees of the corporation? This corporation is a hospital.

Thanks to anyone who replies.