Guest Patrick Foley Posted May 3, 2001 Share Posted May 3, 2001 Since Code Section 412 does not apply, the only funding requirement I have found for church plans is in Treas. Reg. 1.401-6©(2), which appears to be a safe harbor but not an absolute requirement. However, it appears that there must be SOME funding for the plan to escape disqualification under Rev. Rul.71-91. Is there authority on church plan funding that gives more definite guidance than this? Or, absent anything more definite, how do you advise clients on funding of church plans? Link to comment Share on other sites More sharing options...
Carol V. Calhoun Posted May 10, 2001 Share Posted May 10, 2001 The only requirement to which church plans are subject under federal law would be the funding requirements of pre-ERISA I.R.C. section 401(a)(7). I.R.C. section 412(h). And as you correctly point out, these requirements are not very meaningful as interpreted by Rev. Rul. 71-91. Of course, church plans are not subject to ERISA preemption of state law. However, in practice, few states seem to regulate them. 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. Link to comment Share on other sites More sharing options...
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