Non-Profit with a SEP and Non-ERISA Plan Doc, allowed?

[Guest SEFinnegan]

I ran into a non-profit that has been contributing 5% each year to a SEP plan and they also have a Non-ERISA Plan where the employees are also contributing.

My understanding with non-profits where the employer is making a contribution, there required to have a ERISA Plan doc.

I can't find anywhere that says what there doing is not allowed. Can they have both or are they in violation of ERISA?

Need help in code, if available, to direct this client.

Thanks

SEFinnegan

[Lou S.]

Is it a Non-ERISA deferral only 403(b) plan?

Is the SEP a proto-type SEP?

I'm not an expert on non-profits but I think clarifying those 2 questions might help some one who is give you better advice.

[Carol V. Calhoun]

An employer can have a non-ERISA 403(b) plan even if it maintains another retirement plan (such as a SEP). Perhaps your impression that this is not possible arises because the DOL won't treat a 403(b) as non-ERISA if contributions to the other plan are contingent on contributions to the 403(b)?

[Guest SEFinnegan]

Thanks you very much, this was extremely helpful.