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I have a situation in which a church defined benefit pension plan has two participating employers that have been giving participants contributions and have adopted the plan without an official participation agreement. One plan has been operating in the plan since the spring of 2017 and the other since the mid 1980's. I believe SCP might be able to be used for the first issue but VCP for the second. Any thoughts? The employers provide contributions on behalf of participants. 

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First, these are legal questions and should be discussed with an attorney.

If it is a church plan, are you sure they are subject to ERISA?  In other words, VCP/SCP may not apply since they aren't subject to ERISA.

Are you saying the one that has been participating since the mid 80s doesn't have any signed agreements?

I would probably punt to an attorney who would likely prepare a participation agreement for the newer employer ASAP.  


The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.

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