---
title: "ERISA plan instrument checklist"
url: "https://ailawframework.com/precedents/superannuation/us-plan-instrument-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a27-us-plan-instrument-checklist"
area_id: "A27"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A27-T1-R2", "A27-T1-R5"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/superannuation/us-plan-instrument-checklist  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Superannuation](https://ailawframework.com/precedents/superannuation.md)
- Jurisdictions: United States
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for United States.

## 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

- [Compare a self-managed retirement-fund deed to a current-law checklist](https://ailawframework.com/practice/superannuation/compare-a-self-managed-retirement-fund-deed-to-a-current-law-checklist.md)
- [Build a trustee-duties compliance table for the fund](https://ailawframework.com/practice/superannuation/build-a-trustee-duties-compliance-table-for-the-fund.md)

## 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.

## Authorities

- [29 U.S.C. § 1102](https://www.law.cornell.edu/uscode/text/29/1102)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/superannuation/us-plan-instrument-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*