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Posted

We have a SH plan that was effective 5/1/2019.  We generally write plans with a full initial year, but this one slipped through the cracks.

Can we amend the plan to be effective 1/1/19 (with a deferral start date of 5/1)?

Could I interpret this as an allowable amendment because it is increasing the SH benefit (12 months of compensation compared to 8)?

QKA, QPA, CPC, ERPA

Two wrongs don't make a right, but three rights make a left.

Posted

BG5150, since you could adopt it now with a 1/1 effective date, you should be able to amend it now to have that effective date.

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

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