How do you determine if a self funded health plan is a "church plan" not subject to ERISA?

[Guest Cgross]

I have very little experience with church plans and would appreciate some help.

If a private college is "affliated" with a church convention, does that automatically qualify them as a church plan? If not, what are the key points to review in order to determine if an employee benefit plan is indeed a church plan?

Thank you.

[oriecat]

Don't know if it will help or further confuse, but you can find the definitions in ERISA at 29 USC 1002 (33)

http://assembler.law.cornell.edu/uscode/ht...02----000-.html

[GBurns]

It usually does. But the issue usually would already have been addressed by counsel if there are other affiliated institutions who preceded you with any plan pension or welfare. I suggest that you also ask the conference counsel for precedent.

[Guest baxjac]

Per GBurns reply, this issue may/should have been previously addressed. In additon, if the IRS has granted the plan church plan status there should be a PLR that details such status.

[E as in ERISA]

Also read PL 106-244 re clarification of church welfare plan under state insurance plan...