Changing anniversary date

[Guest Kelly Igel]

Must an employer amend their plan to specify a new anniversary date **on or before** that date actually passes?

Take the example of a plan with a 6/30 anniversary date (coinciding with the employer's fiscal year end). In December 2001, the employer changes its fiscal year end to 12/31 but does not advise recordkeeper/document provider until sometime in January 2002. Is it too late to amend the plan to have a short plan year from 7/1/2001 to 12/31/2001 (i.e., did that need to be done by 12/31)? If the employer executed some type of board resolution in December, would that suffice?

Follow up question - If that same plan is being restated for GUST effective 1/1/2002, would it be possible to reflect the short plan year of 7/1/2001 - 12/31/2001 in that same document, even though the document restatement is not effective until 1/1/2002?

Thanks.