81. Conflicting Trust Provisions

Statement of Requirement: Rev. Proc. 2017-41 Rev. Proc. 2023-37, 2023-51 I.R.B. 1491, sec. 5.099 .02(7)

(Note to reviewer: Each Pre-approved Plan must contain a statement that the provisions of the plan override any conflicting provision contained in Trust or Custodial Account Documents used with the plan. Accordingly, if a plan is operated in a manner that is inconsistent with a provision of the single plan document or basic plan document, the plan will incur an operational failure even if the plan is operated in a manner consistent with a provision of a Trust or Custodial Account Document that conflicts with the provision of the single plan document or basic plan document.)

Sample Plan Language:

In the event of any conflict between the terms of this plan and any conflicting provision contained in any associated trust, custodial account document or any document that is incorporated by reference, the terms of this plan will govern.