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Church Plans

The priority guidance plan that the Treasury and IRS have issued for 2023-24 includes plans for action that will affect retirement benefit matters relevant to the education sector. They unveiled the plan on Sept. 29.  The 2023-2024 Priority Guidance Plan contains projects that will be the focus of... READ MORE
Tech Talk addresses whether a jail ministry that serves 33 jails and got their IRS determination letter in 1966 that listed it as “charitable and religious” be eligible for a NQCCO church plan. READ MORE
Tech Talk addresses whether 403(b)(9)-retirement income accounts are included in the SECURE 2.0 definition of church plans and whether they would be allowed to offer a MEP.  READ MORE
The IRS has issued an update to the 2022-2023 priority guidance plan.    The IRS had released the initial plan on Nov. 4, 2022, setting forth guidance priorities for the 12-month period from July 1, 2022, through June 30, 2023 (the plan year).    To Be Done   The IRS says in the updated list... READ MORE
Tech Talk discusses whether church plans can have automatic enrollment and automatic contributions. READ MORE
Tech Talk discusses the effect the PATH Act has on church plans. READ MORE
Tech Talk discusses some recent measures that affected church plans. READ MORE
  The IRS on Feb. 23 issued a proposed rule addressing the required minimum distribution (RMD) requirements for plans qualified under Code Section 401(a) that will update applicable regulations to reflect provisions of the SECURE Act.    The proposed rule will affect RMDs from qualified plans,... READ MORE
Tech Talk addresses which sources of funds are available for a hardship withdrawal from a church plan. READ MORE
The Office of Information and Regulatory Affairs of the Office of Management and Budget has outlined the regulatory agenda of the IRS, and the status of the rules that are part of it.  Proposed Rules Reporting and Notice Requirements for Deferred Vested Benefits Under Section 6057. Would provide... READ MORE
Tech Talk addresses whether a religiously oriented employer needs a copy of the plan documents to inquire as to whether they meet the qualifications for a church plan. READ MORE
How a plan is designated as a church plan, and whether it can offer a 403(b) and what kind of plan document it can use, depends of a variety of factors.   Following is a specific scenario that serves as an interesting case study in making these determinations.   An employer calls itself a... READ MORE
After having decided to offer a plan, the first step is to adopt a written plan.   All 403(b) plans, except certain church plans that do not contain any retirement income accounts, must have a written program that must contain mandatory provisions and may contain other optional provisions.  ... READ MORE
Tech Talk discusses how an employer be characterized or defined when its 501(c)(3) status is “public charity” and its website uses the word “church” but there are complicating circumstances.   READ MORE
The IRS has said in a recently issued private letter ruling (PLR) that a retirement plan run offered by a charity that is affiliated with a church is a church plan.  In PLR 202001008, which the IRS issued on Oct. 3, 2019 but did not release until Jan. 3, 2020, the IRS addresses whether the... READ MORE
In MarketBeat, Barry Salkin writes that it has only been in the last decade or so that there have been many cases analyzing whether an employee benefit plan, particularly a tax-qualified DB plan, constitutes a church plan. READ MORE
In Tech Talk, Susan Diehl tells us whether a 501(c)3 ministry that is setting up a new 403(b) plan and wants to give an annual discretionary contribution to the director of the center would be required to also contribute to all employees.   READ MORE
Tech Talk addresses when a pastor is considered “retired” and whether that Is defined by the Internal Revenue Code and the plan document, or by some other criteria. READ MORE
A 501(c)3 ministry has a main office and 12 chapters throughout the state, all of which operate under the same employer identification number (EIN). In Tech Talk, Susan Diehl tells us whether one could set a plan up under the main entity and have the chapters as participating employers, or whether... READ MORE
A self-employed minister who receives Forms 1099 is considered to be their own 501(c)(3) employer and could have contributions made into only a 403(b)(9) account. In Tech Talk, Susan Diehl tells us whether there is any benefit for him if he opens such an account. READ MORE

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