Interim amendments needed now to terminate

[J Simmons]

What amendments, if any, in the current remedial amendment period are needed before terminating a plan?

[Peter Gulia]

That might turn on how much of the plan’s in-operation provisions are not yet expressed in “the” plan document.

A plan-termination amendment might omit stating an optional provision the plan sponsor didn’t adopt in administering the plan.

And even some required changes might not need an amendment to the extent that the document you’re amending expresses a provision by reference to the Internal Revenue Code.

If the plan you’re amending was stated using IRS-preapproved documents, those documents’ publisher or licensee might furnish a suggested form of plan-termination amendment. While a practitioner wouldn’t rely on that, it’s another source of information to consider.

Further, other BenefitsLink neighbors can give you practical suggestions about how to use IRS lists and the plan sponsor/administrator’s records of what was done “in operation” to discern provisions to be stated in a plan-termination amendment.

This is not advice to anyone.