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Posted

I have a client that wants to setup a successor Trustee, just in case.  It doesn't appear that there's an option to put this into our Plan Document, however.  Is there something else that I can have signed stating who the successor Trustee is?

Thanks in advance!

Posted

Are you sure there isn't a provision for a contingent trustee?

Posted

If the above is not available, I would suggest a resolution adopted by the person or entity with the current authority to appoint or replace the trustee, that authorizes and names a successor/contingent trustee in the event the current trustee dies or becomes otherwise incapacitated, and have such successor/contingent trustee sign an acceptance of this. Then make sure a copy of this is kept with permanent plan records and given to vendors as may be needed.

Kenneth M. Prell, CEBS, ERPA

Vice President, BPAS Actuarial & Pension Services

kprell@bpas.com

Posted

Even if the pre-approved document has no checkbox or fill-in line for this, a Revenue Procedure mentions “the resignation or replacement of fiduciaries” as an example of an administrative provision an adopting employer may add without losing reliance on the IRS’s opinion letter.

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

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