85. Conflicting trust provisions

Statement of Requirement: Rev. Proc. 2023-37, 9.02(7) and 12.03(5)

Document Provision: _____

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.

(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.)

(Note to reviewer: No reliance is afforded to any provisions contained in any documents referenced outside the plan or adoption agreement, as applicable, such as a collective bargaining agreement. Opinion Letters will be caveated to this effect.)