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When are plans subject to ERISA and reporting on form 5500?


Guest BBishop

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Guest BBishop

Are there any situations in which a 403(B) plan is not subject to ERISA if the employer makes contributions? We have a plan in which the employer makes contributions regardless of whether the employees make any voluntary withholdings.

We are also looking at Freezing the current plan and making the new plan a matching plan of employee contributions to encourage participation. Based on what we have researched, this would be subject to ERISA and 5500 reporting.

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The only situation in which a 403(B) plan with employer contributions (other than salary reduction contributions) would not be treated as subject to ERISA is if it is a governmental or church plan. This is true regardless of whether the employer contributions are a match for employee contributions.

Employee benefits legal resource site

The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. 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.

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