412(d)(2) Board Resolution vs. Plan Amendment

A bit of a long shot here, but here goes: If a plan sponsor had a board resolution in place by the 2 1/2 months after the end of the plan indicating their intent to amend the plan, but the amendment itself has not been signed, can you reflect the "amendment" in the valuation"? Lets assume the board resolution is very clear on what should be changed in the plan. 

My guess--only a guess--is that being communicated timely to participants would also be required.

Both IRC 412(d)(2) and temp reg 11.412(c)-7 refer to an amendment which is adopted no later than 2-1/2 months after the close of the plan year. To me, that means adopted, not resolved to be adopted.

That said, what is an amendment really? In our world of administrators and actuaries we tend to think of the amendment as being something very formal that is spit out of our document system when we click the amendment button and that says "Amendment" in bold letters at the top. However I have been told by more than one lawyer that there may be other things that could be considered to be an amendment. A board resolution that clearly specified the changes to be made might be enough.

Agree with Corey, check the specific language of the resolution and if it has all that is required then maybe that would suffice as the amendment. I would also suggest client gets its attorney's blessing for treating as such.