K-t-F Posted September 8, 2004 Posted September 8, 2004 Am I correct in saying that if a one man show plan like a solo 401K plan has no other employees then that plan is not protected by ERISA? Not protected from litigation? That it is only protected when there are employees other than the owner/trustee/sponsor? We all know that ERISA was put into place to protect employees from being cheated... Does the DOL take exception when a one man show establishes a plan and hides behind ERISA in the event he is sued? In that scenario will his pension assets be attachable in the event of a law suit? Any cites would be greatly appreciated... either way they fall. Its not easy being green
WDIK Posted September 8, 2004 Posted September 8, 2004 CFR 2510.3-3(b) & © ...but then again, What Do I Know?
Guest Gordy Posted September 9, 2004 Posted September 9, 2004 Shumate vs Patterson was the old standard. The new case is Yates vs Hendon 287 F.3d 521
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