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Illinois District Court Holds That a Plan Maintained by a Religiously Affiliated Organization Is Not a Church Plan
Wilson ElserLink to more items from this source
Jan. 22, 2015

"[T]he Stapleton court rejected Advocate Health Care's reading of the exception in [ERISA, codified at 29 U.S.C. section 1022(33)(C)(i),] to expand the definition of church plans to include plans that were not established by a church so long as an otherwise qualifying organization simply maintained the plan. The court reasoned that Advocate Health Care's reading would render meaningless the requirement that a church plan needed to be established by a church as spelled out in 33(A).... As Advocate Health Care's plan was not established by a church (but by Advocate Health Care), it was not exempt from ERISA and the court denied the motion to dismiss." [Stapleton v. Advocate Health Care Network and Subsidiaries, No. 14-C-01873 (N.D. Ill. Dec. 31, 2014)]

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