SPD says it is a 404(c) plan under ERISA. Does this make it an ERISA Plan?

[Jim Chad]

A foundation with 11 employees, has Deferrals only to 403b plan and a flat percentage to everyone into a SEP. I am trying to figure out if they need to file a 5500. The SPD says it is set up to qualify under 404c of ERISA. Does this make it an ERISA Plan and need to file a 5500? .

Also, can anyone think of anything in Particular I need to watch for with a SEP - 403b combination?

[rcline46]

Jim, today I would be super careful about saying ANY 403(b) is a non-ERISA plan since the DOL started making noise. How many investment providers? How much involvement by the employer (loans, hardships)? are any SEP contributions dependent on deferrals (like a match)?

Oh, did I forget - what does the document say? Today I would think MOST 403(b) plans are ERISA plans.