AJC Posted January 17, 2019 Posted January 17, 2019 I have read, "a 403(b) plan that provides for employer contributions cannot be a non-ERISA 403(b) plan." Can a church plan, which is an ERISA exempt and non-electing 403(b) plan, provide for employer contributions? If so, how is it that the two statements conflict? Any helpful cites?
Patricia Neal Jensen Posted January 17, 2019 Posted January 17, 2019 4 hours ago, AJC said: I have read, "a 403(b) plan that provides for employer contributions cannot be a non-ERISA 403(b) plan." Can a church plan, which is an ERISA exempt and non-electing 403(b) plan, provide for employer contributions? If so, how is it that the two statements conflict? Any helpful cites? Yes. There is no such rule. I suspect the author of this statement is confusing Non-ERISA plans with Non-Electing Church plans. They are different. Patricia Neal Jensen, JD Vice President and Nonprofit Practice Leader |Future Plan, an Ascensus Company 21031 Ventura Blvd., 12th Floor Woodland Hills, CA 91364 E patricia.jensen@futureplan.com P 949-325-6727
Carol V. Calhoun Posted January 17, 2019 Posted January 17, 2019 There are two ways a 403(b) plan can be a non-ERISA plan. One is to be a governmental or nonelecting church plan. The other is to be a plan, other than either of the preceding, which has minimal employer involvement (as described in DOL regulations). The author's statement is true if the latter exemption is being used, but not if the former one is. 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.
AJC Posted January 17, 2019 Author Posted January 17, 2019 I gotcha. I assumed the two were the same. Thank you for your help!
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