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Protection of optional forms of benefits; rights and features


Mel_1999
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Plan A is merging into Plan B. Plan A allows for in-service at age 59 1/2 from deferral account and Plan B does not.  What needs to be done in order to protect this benefit?  Is an amendment required to Plan B's document, or do I need to just include language in the merger resolution?

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There's a potential debate about whether a resolution can rise to the level of a plan amendment but effectively, that's what you need - a plan amendment.  It needs to be memorialized for future restatements, SPDs, etc.  Depending on the number of people involved, it might make sense to amend Plan B to include that feature for everyone - it's not a huge giveaway and keeps things simpler going forward to have everyone with the same benefits.

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