Timing of Amendment

[emmetttrudy]

A one person DB Plan "distributed" a notice (to himself) on 12/15/2011 that basically said 'The Plan Sponsor wishes to and will be freezing the DB Plan effective January 1, 2012". But then they never actually amended the Plan to freeze it. Can he still amend the PLan prior to the end of the year 12/31/2012 so the plan freeze is effective 1/1/2012? Assume 1,000 hour accrual requirement has been met already.

[Lou S.]

If there is no amendment and no resolution then the Plan isn't frozen.

Now if it is a choice between him searching his records to find that amendment he signed when he gave out the notice to himself or fund the accrual for 2012, he'll probably look a little harder to find that amendment he signed last year.

[MoJo]

Now if it is a choice between him searching his records to find that amendment he signed when he gave out the notice to himself or fund the accrual for 2012, he'll probably look a little harder to find that amendment he signed last year.

Tell him to look behind the filing cabinet - and give him a sample of what it would look like. I've heard that's where most clients find those types of documents....