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socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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Our group was thinking of adding ones retirement contributions

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Our group was thinking of adding ones retirement contributions to a physicians practice value calculation. Is this legitimate or illegal by an ERISA law? ie if a physician made $200K but contributed $30K to his pension , can his practice be valued at $230 K?
An ERISA retirement plan is a separate trust, the assets of which are held entirely for the benefit of the employee and former employee participants. The retirement plan is an "off balance sheet item," because it cannot be used by the employer for any purpose other than to pay employee benefits. So, it also has no place in the valuation of a business or profesional practice.

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