Benefits Law Update
        Practical advice from Verrill attorneys

        Church Plan Administrators Are Subject to State Law Claims

        by Kenneth F. Ginder on August 12, 2011

        A “church plan” – whether maintained by an actual church or by a church affiliated organization (such as a college or hospital that is church controlled) – is exempt from ERISA unless it makes an irrevocable electionto subject itself to ERISA. Most church plans do not make that election and, therefore, most church plan administrators are not subject to the high fiduciary standards imposed by ERISA. However, the recent case of Johnson v. The Evangelical Lutheran Church in America provides a reminder that church plan administrators can be subject to breach of fiduciary duty claims and breach of contract claims under state law. Because many church retirement plans are underfunded, administrators of those plans will want to pay close attention to the Johnson case as it moves forward.

        In its decision in the Johnson case, the Federal District Court of Minnesota refused to dismiss certain state law claims asserted against the Board of Pensions (the “Board”) of the Evangelical Lutheran Church in America (the “ELCA”). The Board is responsible for managing the ELCA Retirement Plan. The case was brought by four retired Lutheran pastors who were receiving monthly annuity payments pursuant to the terms of the ELCA plan. In January 2010, the Board authorized a 9 percent reduction in the annuity payments, and the pastors were informed that their annuity payments would likely be reduced by an additional 9 percent in both 2011 and 2012. The annuity payment were reduced because the Plan – which was underfunded by 26 percent – simply lacked the asset base necessary to sustain the annuity payments as originally called for under the plan.

        The pastors sued the 17-member Board alleging that it: (1) breached its fiduciary duties under Minnesota law by failing to prudently invest and manage the annuity fund and failing to preserve the trust corpus, which caused the annuity fund to become significantly underfunded and reduce the pastors’ monthly annuity payments; and (2) violated Minnesota contract law by failing to follow the terms of the Plan (which ELCA did not dispute constituted a contract) when it reduced their annuity payments.

        In response to the law suit the Board filed a motion with the Court asking it to dismiss the case at this early stage on the basis that the pastors failed to state any claim upon which relief could be granted. While the Court did dismiss claims brought against ELCA itself, it held that the pastors adequately pled the state law claims against the Board. As a result, the law suit will move forward against the Board.

        Although the Johnson case is still at an early stage, it highlights the need for church plan administrators to: (1) follow a prudent process in administering the plan and monitoring the investment of plan; (2) follow the terms of the plan document; and (3) ensure they have adequate fiduciary liability insurance that will cover the cost of a legal defense and potential liability. If that sounds a lot like what an ERISA plan administrator should do, it is. While church plans are free of the requirements of ERISA, we generally advise church plan “fiduciaries” to look to ERISA principles for guidance on how best to conduct their activities.

        Benefits Law Update

        Verrill’s Benefits Law Update blog delivers timely insights and practical guidance on the ever-evolving landscape of employee benefits and executive compensation. Our blog provides up-to-date analysis and commentary on a wide range of topics, including timely updates on developments in law affecting employee benefit plans and executive compensation arrangements.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...
        Media Mentions

        Lauren Galvin Quoted in Massachusetts Lawyers Weekly on Arbitration and Anti-SLAPP Protections

        Verrill Partner Lauren Galvin was recently featured in a Massachusetts Lawyers Weekly article highlighting a notable Superior Court decision...
        Blog

        Section 530A Accounts: What Employers Should Consider Before Offering Contributions to “Trump” Accounts

        Section 530A accounts, commonly referred to as Trump accounts, have attracted attention since the enactment of the One Big Beautiful Bill Act in...
        Blog

        Navigating PBM Reform: Regulatory Changes, Market Shifts, and Practical Guidance for ERISA Fiduciaries

        Pharmacy Benefit Manager (“PBM”) arrangements have long relied on rebates with limited transparency into true drug costs. Recent regulatory and...
        Blog

        DOL’s Proposed Regulation on Selecting Alternative Investments: Broad Implications for 401(k) and 403(b) Plan Fiduciaries

        On March 30, 2026, the Department of Labor issued a proposed regulation purporting to implement an executive order to expand access to “alternative...
        Press Releases

        Verrill Welcomes Private Clients & Fiduciary Services Attorney Gracie Castle

        BOSTON, Massachusetts – Verrill is pleased to welcome Gracie Castle to the firm’s Private Clients & Fiduciary Services Group as an Associate,...
        Published Works

        Francesco De Vito Authors Article in the Journal of the American College of Mortgage Attorneys

        Verrill Partner Frank De Vito authored an article featured in the Spring 2026 issue of The Abstract, the journal of the American College of Mortgage...