Discretionary Amendment Process

Follow the steps below to prepare, customize, and save a discretionary plan amendment using the Amendment template. The Amendment template will include the following documents: 

  • Consent: If required by the employer, this section provides a consent form for necessary approvals of changes made to the retirement plan.
  • Amendment: This section details the specific plan changes being made to the plan document.
  • Summary of Material Modifications (SMM): This section summarizes the changes for participant communication.

1. Make updates to the Plan Checklist on the Edit Plan page.

2. Run edit checks to ensure your changes meet all requirements.

3. Click on the Plan Documents button to access the print Plan Documents page.

4. Select Word as your document format under the Plan Document Menu to allow for editing and customization. 

5. Click on the "Amendment" link to generate your discretionary plan amendment. 

6.  Customize the Consent, Amendment, and SMM sections to meet the specific needs of your plan and organization. 

NOTE: For pre-approved documents, we generally recommend copying and pasting the language from an existing adoption agreement or plan document into the amendment template to help ensure you do not modify the pre-approved language. 

7. Review the completed amendment document for accuracy. Save the file to your computer/network for distribution according to your organization’s procedures.

Sample Amendments

If needed, we offer certain sample amendments, such as those for plan termination or to add or remove optional features.  Depending on the plan's provisions, some available sample templates are: 

  • Short Plan Year Amendment
  • Cease Safe Harbor Amendment
  • Safe Harbor Non-elective Amendment under SECURE 
  • Termination Kit