Pre-approved plan restatements

401(k) plan has terminated, (August 15th term date, small plan!) and all assets have been distributed. But the plan is still going to be restated. Here's my question:

New pre-approved plans do not include the Trust document - the Trust document is now separate from the plan document. Since all assets have already been distributed, is it really necessary to execute a Trust document? I can't, offhand, think of any reason, other than at some later date a dividend or mutual fund settlement or something is suddenly distributed to the plan. Thoughts? It probably isn't a big deal to get this client to sign the Trust document, but it seems like a waste of time.

Great question---My own opinion having worked 8 years in the trust business at the beginning of my career is if you have a preexisting trust document, that should be sufficient, because unless there is a new trust provision that you want to/need to adopt, that law does not need to be updated.