We have a client, who is a church controlled organization who had an ERISA 401k plan. They were filing 5500 and following the standard ERISA plan procedures. They have since came to our organization who specifically handles church controlled organization, and have determined that they should have never been subject to ERISA and should have been considered a "church plan."

We've taken all steps to transition them to a "church plan," document wise. Since the plan was not terminated, do we need to do anything regarding their Form 5500, because this filing will no longer be needed under a "church plan" status? Who do we need to inform?

Thanks!

I would certainly inform all participants and any former employees who still have an interest in the plan. File a final 5500 attaching an explanation.