Amending plan document after merger

[Alonzo]

The answer to this is going to depend on the wording of the merger agreeement (does it say anywhere that the terms of the agreement are intended to amend/modify/change the terms of the plan) and the provisions in the plan document that describes how the plan may be amended. Look at both documents careflly.

[jkharvey]

The plan sponsor, a bank, has acquired another bank. The attorney has prepared the merger agreement outlining plan details as a result of the merger. No amendment has been made to the document related to this merger or its effects on the plan. Does the merger agreement suffice in lieu of amendment or does the document need to actually be amended to reflect the changes. In particular, there are now two vesting schedules in place for pre merger money and post merger money.

[pjkoehler]

Can you give us some more information. Was the corporate transaction an asset purchase or a stock deal? The "merger agreement" you mention - is that the agreement regarding the plan level transaction?