We have a client who intended to have a non-Erisa 403(b) Plan. The plan operates as a non-ERisa plan and meets all of the non-ERISA 403(b) requirements.

Upon review of the plan document, the plan document states that the Plan is covered by ERISA.

The client wishes to avoid filing 5500s (and having an audit). My question is, can I restate the Plan as a non-ERISA plan now?

Thank you!