DTH Posted November 19, 2015 Posted November 19, 2015 Has anyone seen a non-ERISA 403(b) plan sponsored by a dual status (i..e, 501©(3) and governmental) public education entity? Thanks!!
Carol V. Calhoun Posted November 19, 2015 Posted November 19, 2015 No, but only because there are very few dual status public education entities. The usual reason a governmental entity seeks 501©(3) status is to be able to offer a 403(b) plan. However, since a public school or university can offer a 403(b) plan without getting 501©(3) status, few of them apply for it. That being said, a governmental plan is exempt from ERISA, regardless of whether it also has 501©(3) status, so this should not be an issue. Employee benefits legal resource site The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.
QDROphile Posted November 19, 2015 Posted November 19, 2015 Carol: What is the current thinking by the IRS about government entities or instrumentalities that are not education institutions and get 501© (3) status? The last indication I saw was skepticism about license to maintain a 403(b) plan.
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