For the past few months, various online articles and ERISA blogs have been discussing cialis success rate the Internal Revenue Serviceai??i??s (“IRS”) revocation of Cathedral Healthcare System Inc.ai??i??s (“Cathedral”) church plan status. Cathedral was a hospital located in Orange, NJ that shutdown generic cialis online its operations in 2004. Cathedral sponsored a defined benefit plan that was previously insured by the Pension Benefit Guaranty Corporation (“PBGC”) under Title IV of ERISA. In 1998, Cathedral became affiliated with a church and sought a ruling from the IRS that the hospitalai??i??s pension plan had become a church plan as a result of the affiliation. The IRS determined that Cathedralai??i??s pension plan was a church plan.
Because section 3(33) of ERISA exempts plans established and maintained by a church or convention or association of churches from ERISAai??i??s requirements, this meant that Cathedralai??i??s pension plan was no longer subject to ERISA and no longer covered by the PBGC. Shortly after the IRSai??i??s determination, Cathedral began experiencing financial problems and eventually sildenafil 50mg ceased all operations. When participants learned that their pension plan had become a church plan, and their benefits were no longer protected by PBGCai??i??s insurance program, the participants, with the help of a pension advocate group and PBGC, persuaded the IRS to reconsider the
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pension planai??i??s status as a church plan. The participants argued that under federal rules, once a http://tadalafilonline-generic.com/ plan is an ERISA plan, it cannot later become a church plan, and that the IRS should have never granted church plan status to Cathedralai??i??s pension plan. IRS agreed and ultimately reversed its earlier ruling. PBGC then took over the plan.
The Cathedral case buy cialis is pushing a number of church-affiliated plan sponsors to seek a church plan ruling from the IRS and appears to be causing a wave of participant suits against church plan sponsors. In these suits, participants are asking the courts for a determination of their planai??i??s status by arguing that the sponsoring employers are erroneously claiming to be churches or church-affiliated organizations, and therefore, violating ERISA by failing to maintain their plans in accordance with ERISA. Multiple class action complaints challenging the church cialis adverse effects plan status of some church-affiliated hospitals with underfunded pension plans are currently pending before federal district courts. Some of the arguments in the complaints are that the plans are not church plans because the
hospital sponsors were not “established” by a church or convention or association of churches, and even if the plans could qualify as church plans, they would be specifically excluded because substantially all of the employees in the plans are not cialis dose employed by an organization that is controlled
by viagra replacement or associated with a church. Another argument is that the sponsors are not “associated with” the church because the hospitals deliberately choose to distance themselves from the churchai??i??s religious bonds and convictions when it serves the hospitalsai??i?? economic interest to do so.
Although it is unclear what the outcome of these complaints will be for the hospitals involved, what is clear is that plan sponsors claiming church plan status should re-examine their organizations to determine whether their plans continue to qualify for the church plan exemption under ERISA. IRS is currently accepting requests for favorable determination letters from church plan sponsors and IRS considers such requests to be mandatory assignment cases.
If you would like the IRS to issue a favorable determination letter to your plan, Carroll Consultants, Ltd. has professionals available to assist you with making a submission to the IRS. For more information about this article or questions about your plan, please contact Chizoba “Chiz” Egbuonu at (610) 225-1211 or
This material is not intended to provide specific legal or other professional advice.