NonErisa plan document requirement?

[Lori H]

Is a salary reduction only plan required to have a SPD, plan document, etc?

[QDROphile]

The 403(b) regulations require a plan document and are oblivious to the application of ERISA.

Your question is ambiguous. Are you asking if the plan is subject to ERISA or are you positing that the plan is not and asking if there are requirements nontheless? Either way, you have not provided enough information for specific answers other than about a plan document.

[Lori H]

The plan is not subject to ERISA and the document provider is saying that a SPD is not required.

[ETA Consulting LLC]

An SPD is, typically, an ERISA requirement; and the failure to furnish one is a criminal act punishable by jail time. Hence, it is a participant notification requirement falling under the DOL's purview. The written provisions requirement for 403(b) plans is an IRS requirement.

Good Luck!

[Flyboyjohn]

Since the SPD is an ERISA requirement and the plan is non-ERISA no SPD required

[QDROphile]

You still have not provided enough information to respond to your request about any requirements for disclosure or information required by mandates other than ERISA (since ERISA does not preempt). For example, if the plan is not subject to ERISA, but is a governmental plan, state law may have requirements or standards for something that is functionally the same as an SPD.

Document providers are seldom to be trusted, even on matters relating to documents. Are you relying on the document provider for the conclusion that ERISA does not apply?

[Lori H]

It's a 501©3, non-govt. related using a custodial contract.

[Flyboyjohn]

Agree that there are probably a lot of plans that believe they're non-ERISA when in fact they've violated one or more of the safe harbor requirements.

But if they intend and believe that they're non-ERISA they certainly don't want to be doing things like creating an ERISA SPD which would be counterproductive.

Just do the absolute minimum, bare bones document that the IRS requires and nothing more.

[John Feldt ERPA CPC QPA]

If the 403(b) plan is a nonERISA church plan and allows investments other than mutual funds and annuities, then a written document is required, even if it is a deferral only.