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Seventh Circuit Holds Retirement Plan Established by a Church-Affiliated Organization Does Not Qualify as an ERISA Church Plan
Practical Law Company Mar. 21, 2016 "The Seventh Circuit rejected Advocate's position that ... a plan can qualify as a church plan merely by being maintained by a church-affiliated organization because the reading would make the establishment requirement of ERISA Section 3(33)(a) meaningless. Accordingly, because Advocate's predecessor that created the plan was not a church, its defined benefit plan was not established by a church and could not qualify as a church plan even though it was maintained by a church-affiliated organization. Like the Third Circuit, the Seventh Circuit held that the statute's language was unambiguous[.]" [Stapleton v. Advocate Health Care Network, No. 15-1368 (7th Cir. Mar. 17, 2016)] |
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