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Plan Amendments: Procedures, Timing & Other Issues [2018]
Presentor: David Schultz Recorded Date: 12/6/2018 Duration: 100 Min.

This program was recorded during a live presentation given on December 6, 2018 at 12:00PM EST.

Plan Amendments: Procedures, Timing, Cutbacks & Other Issues

Plan amendments are a fact of life for any retirement plan. An important and necessary reality of plan administration is the need for plan amendments. Congress is often tinkers with the Code and ERISA, necessitating plan amendments. The IRS and DOL also frequently feel the need to make regulatory changes that require plan amendments. Of course, the plan sponsor often feels the need to make discretionary changes in plan provisions to reflect changes in the company’s and owner’s retirement goals.

This Web seminar covers:

  • (1) the basic plan documentation requirements,
  • (2) who can amend the plan (corporation, partnership and sole proprietorship), and
  • (3) what actions are necessary to affect a plan document.
In addition, the speaker discusses the specifics of how to amend preapproved documents (prototype and volume submitter). Other issues that will be explained are anticutback considerations, notice requirements, deadlines and the various interim amendments required by Congress. Finally, we explain the requirement for amendments when terminating the plan. If you work with retirement plan documents, this is one Web seminar you will need to attend.


Topics include:

  • Written plan requirement
  • Disqualifying provisions
  • Authority to amend the plan
  • Necessary corporate actions for plan amendment
  • Amendment procedures
  • Amendment formats
  • Deadlines
  • Safe harbor 401(k) plan amendments
  • Prototypes and volume submitters
  • Anticutback rule considerations
  • Terminating plan amendments
  • Interim amendments


There are no prerequisites or other advanced preparation for this program. However, the speaker will assume that participants understand the fundamentals of plan operation.

Level: Intermediate
Instructional Delivery Method
Group – Internet-Based

NASBA Field of Study: Taxes

Speaker: David Schultz, J.D.

Objectives: After attending this Web seminar, an attendee should be able to:

  1. Determine the proper procedures for amending a plan
  2. Identify who can amend a plan
  3. Explain which benefits are protected when amending
  4. Identify the three corporate methods for amending a plan
  5. Select the appropriate amendment format
  6. Determine which amendments are required for qualification
  7. Apply the deadlines for different types of amendments
  8. Determine which amendments can be made to a safe harbor 401(k) plan


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