dmb Posted September 3, 2009 Posted September 3, 2009 Since church plans are not subject to IRC 430 i was curious to see how others are calculating the liability for the 110% test post-RPA. Also, are church plans subject to IRC 436?? Thanks.
david rigby Posted September 3, 2009 Posted September 3, 2009 Does this help? http://benefitslink.com/boards/index.php?showtopic=34940 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.
dmb Posted September 3, 2009 Author Posted September 3, 2009 Does this help?http://benefitslink.com/boards/index.php?showtopic=34940 Only a little.
SoCalActuary Posted September 4, 2009 Posted September 4, 2009 Since church plans are not subject to IRC 430 i was curious to see how others are calculating the liability for the 110% test post-RPA. Also, are church plans subject to IRC 436?? Thanks. I assume you are discussing a church plan that has elected ERISA coverage. Otherwise, your answer is easy. 414(e) specifies the sections of the IRC that apply to electing church plans. I don't see 401(a)(4) on that list. Maybe I'm wrong, but I don't see where the 110% rule under 1.401(a)(4)-5 is ever applicable to church plans.
dmb Posted September 4, 2009 Author Posted September 4, 2009 Since church plans are not subject to IRC 430 i was curious to see how others are calculating the liability for the 110% test post-RPA. Also, are church plans subject to IRC 436?? Thanks. I assume you are discussing a church plan that has elected ERISA coverage. Otherwise, your answer is easy. 414(e) specifies the sections of the IRC that apply to electing church plans. I don't see 401(a)(4) on that list. Maybe I'm wrong, but I don't see where the 110% rule under 1.401(a)(4)-5 is ever applicable to church plans. I still don't see in either section exempting church plans from 110% test. I"m not sure why they would be exempt. Thanks for the input.
SoCalActuary Posted September 4, 2009 Posted September 4, 2009 Since church plans are not subject to IRC 430 i was curious to see how others are calculating the liability for the 110% test post-RPA. Also, are church plans subject to IRC 436?? Thanks. I assume you are discussing a church plan that has elected ERISA coverage. Otherwise, your answer is easy. 414(e) specifies the sections of the IRC that apply to electing church plans. I don't see 401(a)(4) on that list. Maybe I'm wrong, but I don't see where the 110% rule under 1.401(a)(4)-5 is ever applicable to church plans. I still don't see in either section exempting church plans from 110% test. I"m not sure why they would be exempt. Thanks for the input. First, is your client plan electing coverage under 414(e)? If not, why does ERISA even apply? Second, if your client elects coverage, then you look at the IRS sections that would apply to it. 401(a)(4) is not on that list.
dmb Posted September 4, 2009 Author Posted September 4, 2009 [ First, is your client plan electing coverage under 414(e)? If not, why does ERISA even apply? Second, if your client elects coverage, then you look at the IRS sections that would apply to it. 401(a)(4) is not on that list. My plan is a non-electing Church Plan. However, it is my understanding that while they may be free from compliance with ERISA, they must comply with some IRS regulations, including 401(a)(4) and (5). Please advise if this has been changed in the recent past. Thanks.
david rigby Posted September 4, 2009 Posted September 4, 2009 Usually, where ERISA exempted certain categories of plans, it did so by stating that the exempted plan must comply with IRC xxx as it existed immediately prior to ERISA (signed into law 09/02/1974). 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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