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Numbering Amendments after restatement...


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Guest RONNIE WASEL
Posted

Plan was established in 1994 and had a couple of short amendments (#1 and #2) before it was completely restated in 2002 for GUST and EGTRAA.

Question: We now have to complete another short amendment to this plan, will the amendment number be #1, since it is the first one after the restatement, or will it be #3, because it had a #1 and #2 before restatement.

Thanks.

Posted

Actually the restatement was an amendment as well. Renumber the amendments after a restatement as they are amendments to the most recent restatement, not prior versions.

Posted

How you number your amendments is up to you. Is it the 4th amendment to the original plan? Or is it the first amendment to the amendment and restatement? In addition, I've seen situations where amendments were not numbered at all, just dated. In other words, what you call them really doesn't matter. It is their effective dates and signature dates that really matter.

Posted

I agree. The recommendation from here is don't number them at all.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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