SunGard Relius

We have just released an updated version of our defined contribution plan termination amendment. This allows employers with terminating defined contribution plans to comply with all laws in effect at the time of termination, including the Pension Protection Act of 2006 (PPA) and the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act). A terminating plan must be amended for laws in effect at the time of termination, such as the PPA and HEART Act, regardless of any later remedial amendment period which may apply to ongoing plans. We put the eligible automatic contribution arrangement (“EACA”) and qualified automatic contribution arrangement (“QACA”) provisions in a separate document since most terminating plans will not be using these provisions.

This amendment has not been approved by the IRS. Thus, we recommend that the plan and amendment be submitted to the IRS using Form 5310. This is the only assurance the employer will have that the form of the plan, including the terminating plan amendment, satisfies qualification requirements at termination.

This is a “tack-on” amendment that can be used by any terminating defined contribution plan (prototype, volume submitter, or individually designed) and is provided in Microsoft® Word format. If you wish to override certain “default” features in the amendment, simply place an “X” in those boxes. No special drafting is required. We have designed this amendment to save you hours of drafting time.

Order Options:

1. Order the Amendment package for $295. Should any new IRS guidance require modifications to the amendment, you may purchase the revised package at the then current price.
   
   
2. This amendment is also available in The Pension Library, a comprehensive ERISA resource. At $700, the Library on CD is an exceptional value. It includes the ERISA Research Guide, ERISA Current Developments, ERISA Forms, and ERISA Newsletter. When you purchase the Library, you not only have these valuable pension resources, but you also receive, at no additional cost, the ERISA Forms on Disc. All forms on this CD, including the most current PPA Forms/Notices and this amendment, are formatted as Word documents to allow you to customize as you deem appropriate for each client. In addition, by subscribing to the Library, you receive any IRS required modifications to the contents, such as the amendment, at no additional charge. More information, plus an order form for the Library , is available here.
   
   
3. Additionally, you can receive the amendment by purchasing just the ERISA Forms on CD. The ERISA Forms is the ERISA Practitioner's “desk book,” with answers to everyday plan documentation questions. ERISA Forms contains more than 150 forms developed and refined over more than two decades of qualified plan practice. ERISA Forms provides guidance with respect to every aspect of plan administration, from plan adoption to plan termination. For more information, plus an order form, visit our ERISA Forms page.
   
   

Questions?
Call 800-326-7235, option 6, to have a Client Account Services representative contact you.