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Supreme Court to Consider Application of ERISA to Church-Affiliated Pension Plans
SCOTUSblog Link to more items from this source
Mar. 21, 2017

"The obvious problem with [the employers'] argument is the odd line it draws between plans that are exempt and those that are not exempt.... [W]hy would Congress insist that pure-church plans be both established and maintained by religious organizations while church-affiliated plans need only be maintained by religious organizations? ... [The employees] suggest that the 1980 amendments should be viewed as limited to relaxing the requirement that they address by providing that church-affiliated plans, like church plans, must be 'established' by the 'church' itself, but that they will retain their exempt status whether they are 'maintained' by the church itself or by the affiliate." [Advocate Health v. Stapleton, Nos. 16-74, 16-86, 16-258 (oral argument in consolidated cases sched. Mar. 27, 2017)]

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