Protection of optional forms of benefits; rights and features

[Mel_1999]

Plan A is merging into Plan B. Plan A allows for in-service at age 59 1/2 from deferral account and Plan B does not.  What needs to be done in order to protect this benefit?  Is an amendment required to Plan B's document, or do I need to just include language in the merger resolution?

[Bird]

There's a potential debate about whether a resolution can rise to the level of a plan amendment but effectively, that's what you need - a plan amendment.  It needs to be memorialized for future restatements, SPDs, etc.  Depending on the number of people involved, it might make sense to amend Plan B to include that feature for everyone - it's not a huge giveaway and keeps things simpler going forward to have everyone with the same benefits.

[Luke Bailey]

In case you need safety in numbers, Mel_1999, I agree 100% with Bird. You could probably get by IRS exam with just the resolution, but if that's all you do there is large risk that plan will not be administered correctly and eventually you will need to fix in EPCRS.