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District Court in Colorado Expands Church Plan Exemption Under ERISA But Others Join Third Circuit in Narrow Interpretation
Jackson Lewis P.C. Feb. 19, 2016
"The [Colorado Federal District Court] found that a plan does not need to be established by a church to qualify as a church plan; rather, such plans can also qualify as church plans if they are maintained by a tax-exempt organization controlled by or associated with a church whose principal purpose or function is the administration or funding of the benefits plan.... [In contrast, the] Third Circuit stated that, as of 2012, religiously affiliated hospitals accounted for seven of the nation's ten largest nonprofit healthcare systems and that applying the church plan exemption to these hospitals would defeat the purpose of ERISA."
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