Guest TWard Posted May 28, 1999 Posted May 28, 1999 A client has a question regarding whether or not a Church Plan is required to pay PBGC premiums on their defined benefit plan. They have been paying the premiums all along but have recently heard that if they are a church, they do not have to pay. Is this correct?
Guest Danny Miller Posted June 8, 1999 Posted June 8, 1999 Church plans (as defined in ERISA and the Internal Revenue Code) are not required to pay PBGC premiums. In fact, if your client's plan is a church plan, the plan probably does not have PBGC coverage even if premiums have been paid. There is a six year statute of limitations on recovery of erroneously paid PBGC premiums. [Note: This message has been edited by Danny Miller]
Kirk Maldonado Posted June 9, 1999 Posted June 9, 1999 Church plans aren't even required to file Form 5500s. IRS Announcement 82-146. Kirk Maldonado
Guest CVCalhoun Posted June 10, 1999 Posted June 10, 1999 For anyone who wants to see a copy of IRS Announcement 82-146, to which Kirk refers, it is available by clicking here. ------------------------ Employee benefits legal resource site
david rigby Posted June 13, 1999 Posted June 13, 1999 Govt. plans are also exempt from paying PBGC premiums. We had a govt. plan in our office that paid premiums for several years (we did not know of their govt. status). When we found out about the status, we urged them to apply for a refund, and were surpised when they got a refund without any real debate or stalling on the part of the PBGC. So I would recommend that the church plan go ahead with asking for a refund. I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
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