The support for a single plan found in the Plan text distinguishes this case from Kemble v. Hicks, [1999] O.P.L.R. 1 (Ch. D.). In Kemble, the plan sponsor ran a DB plan and decided to create a new DC arrangement by a temporary deed (plan text) that it intended to incorporate into the main plan deed. However, it never did amend the main deed governing the original plan to reflect the new DC arrangement. The two pension arrangements existed under separate deeds and the one governing the DB plan made no mention of incorporating the one governing the DC arrangement.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.