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Posted

Can anyone remember when the required date to amend for ERISA was? Before anyone sends hair-trigger reply, the act was signed into law 9/02/74 but it took a while to write the regulations and there was time for sponsors to amend plans to comply with ERISA. Am thinking is was sometime in 1976 to 78 time frame.

I am looking for that date where you had to either have it done or you stayed pre-erisa forever.

Thanks in advance!

JanetM CPA, MBA

Posted

For most plans, the effective date was the first day of the plan year, beginning in 1976. But maybe you knew that. My career began in 1977, and I recall many plans without final documents then, perhaps as late as 1979. That is the best I recall.

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.

Posted

Thank you pax. Can you confirm that for collectively bargained plans it was the first contract after that? That is my understanding. Union plans has to bargain for it.

JanetM CPA, MBA

Posted

Not sure it is that simple. I believe CB plans still had to be amended to comply. See original ERISA Sec. 211, especially subsection ©.

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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