Church Plans. AUMCPBO Meeting. October 27, Caring For Those Who Serve

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1 Church Plans AUMCPBO Meeting October 27, 2010 Caring For Those Who Serve

2 Agenda What is a Church Plan? What is ERISA? Church Plan Exemptions from ERISA Advantages and Challenges Augsburg Fortress Case

3 What Is a Church Plan? Church plans are defined in ERISA 3(33) and in 414(e) of the Internal Revenue Code ( Code ) A church plan is a plan established and maintained by a church or by a convention or association of churches that is exempt from tax under Code 501 UMC plans are church plans

4 What Is ERISA? Employee Retirement Income Security Act of 1974 Federal law protects certain employee benefits Covers retirement plans: ERISA 3(2) Covers welfare plans: ERISA 3(1)

5 Church Plans Are Exempt ERISA Section 4(b)(2) exempts church plans from: Title I: Protection of Employee Benefits Rights Title IV: Plan Termination Insurance Department of Labor (DOL) regulations

6 Why Are Churches Exempt? Church Alliance (for the clarification of ERISA) First Amendment: entanglement Denominational backing of plans Operational and administrative needs Excessive burdens on small churches

7 Church Plan Can Elect ERISA A church plan can elect to become subject to ERISA under Code 410(d) Election is irrevocable Cannot be made accidentally Even if a church plan acts like it is subject to ERISA, it is not subject to ERISA unless it makes an election under 410(d) election Uncertainty about plan-by-plan choice

8 Advantages In a Nutshell Exemption from ERISA allows: Clergy-only plans Greater flexibility in coverage and design Greater flexibility in funding (Pre-82) Freedom for annual conferences and local churches from many duties, deadlines and penalties related to unknown employees Easier Socially Responsible Investing

9 Title I: ERISA Exemptions Limitations on Plan Provisions Minimum coverage rules Minimum vesting rules Anti-cutback rules DOL claim and appeal procedures Minimum funding rules Problem for Pre-82 Plan

10 Title I: ERISA Exemptions Administrative Requirements Notices and disclosures Summary Plan Descriptions (SPD) Summary of Material Modification (SMM) Summary Annual Report (SAR) Reporting (Form 5500 to DOL) Fee disclosure for account-based plans

11 Title I: ERISA Exemptions Conference/Employer Requirements Timely deposit of employee and employer contributions (or penalties) Timely notices to all new employees Conferences would have to know about all local church lay employees

12 Title I: ERISA Exemptions Fiduciary Duties Prudent Expert rule Might hinder Socially Responsible Investing No prohibited transactions Timely remittance of all contributions

13 Title IV: ERISA Exemptions Pension Benefit Guarantee Corporation (PBGC) Premiums ($35 per participant) Approximately $2 million per year from Plan PBGC notice to participants PBGC reporting by and full audit of underfunded plans

14 Other Exemptions Welfare Plans COBRA (health plans) Strict claims and appeals procedures Securities Laws Costly reporting and disclosure

15 Benefits of ERISA PBGC protection Participants Notices and disclosures Plans Pre-emption of state laws Participant claims limited in remedies (no punitive damages) Federal enforcement of rights Nondiscrimination in coverage

16 Church Challenges with ERISA Clergy-Only Plans Denominations have little say over lay benefits Cost of coverage of lay employees No Centralized Payroll Nondiscrimination testing very difficult Notice Requirements (i.e., for unknown employees)

17 Church Challenges with ERISA Timeliness of contributions (no later than 15 days after the end of the month) Timeliness of participant enrollment by local churches Limitations on Socially Responsible Investing

18 Augsburg Fortress Case Augsburg Fortress: ELCA Publishing House Underfunded Defined Benefit Plan Sought help from the ELCA church body No relief from denomination

19 Augsburg Fortress Case Terminated plan Approximately 35 per $1 No PBGC insurance

20 Augsburg Fortress Case Participants sued Augsburg Fortress and ELCA in federal court Claim 1: Should not have been a church plan Claim 2: Breach of contract (and other state law claims)

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