Checklist · Superannuation

ERISA plan instrument checklist

Checklist of what 29 U.S.C. § 1102 says a written employee benefit plan instrument must contain. It reviews a document. It does not write the plan.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
United States
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use when a lawyer is comparing an employee benefit plan instrument with 29 U.S.C. § 1102. Do not use it to calculate a benefit, a contribution, or a tax.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

Yellow: the lawyer checks the instrument against section 1102 and the plan's own procedures.

AI may

  • List the written-instrument, named-fiduciary, funding, allocation, amendment, and payment provisions in section 1102.
  • Record the optional provisions in section 1102(c) as optional.
  • Leave the names of fiduciaries and the amendment procedure blank.

AI must not

  • Do not draft or amend the plan instrument.
  • Do not define employee benefit plan or fiduciary. Section 1002 was not opened.
  • Do not restate section 1105(c)(1). It was not opened.
  • Do not calculate contributions, vesting, or a tax component.

The lawyer checks

  • Confirm the document is the plan instrument, not a booklet.
  • Name the fiduciaries from the instrument.
  • Read section 1105 before describing allocation of fiduciary responsibility.
  • Do not import superannuation contribution or preservation rules. They were not used.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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