Incorporating Prior Amendments into Restated Document

[Dougsbpc]

We are currently restating a small defined benefit plan for GUST and EGTRRA. The effective date of the restatement will be 1/1/1997 although the client will not actually execute the restated document until next month.

Our understaning is that we need to use the 1/1/1997 effective date because the changes brought about by GUST started for the plan year beginning in 1997.

Suppose the prior TRA-86 document was amended in 1998 and 1999 for benefit increases. Are we required to indicate the prior benefit formulas in our restated document?

Thanks

DK

[Blinky the 3-eyed Fish]

The 1997 effective date depends on what document you are using. Our document provider specifically has dated the sections that are retroactive, thus we can use a 2002 effective date. I would confirm you truly need to use a 1997 effective date.

But if you do, then you are required to have the document language correspond to language from 1997 and will need to reference those past amendments.

[david rigby]

I've seen GUST restatements with effective dates from 1997 to 2001. It probably does not matter, as long as you get the right provisions with the right effective dates.

Form can be important, but substance is usually more important.