Jump to content

non-electing church plan and ADEA


Guest cbclark

Recommended Posts

Guest cbclark

This seems like a basic question, but is a non-electing church plan required to comply with the Age Discrimination in Employment Act? A plan exludes from participation any ministers who are age 70 or older (I think that is the age). Thanks for any help.

Link to comment
Share on other sites

This seems like a basic question, but is a non-electing church plan required to comply with the Age Discrimination in Employment Act? A plan exludes from participation any ministers who are age 70 or older (I think that is the age). Thanks for any help.

There's no specific exclusion for churches under ADEA but I believe there has been some case law stating that the 1st amendment may preempt application of ADEA in certain circumstances.

I would speak with counsel. Some research is needed.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...