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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 Link to more items from this source
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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