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In the past I have put provisions in the spinoff documents themselves (e.g., board resolutions and/or plan documents) that state that the existing enrollment and beneficiary designation forms will be assumed by the spun off plan until new are obtained. Never had a problem with that. Needs to be communicated to the participants of course.

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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