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Where state laws don't get in the way, plans often make just such a distinction.
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That's the standard disclaimer of people who very often decide to make such plans later, or sometimes don't.
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At the same time, however, democracy makes it much easier for a substantial and implacable minority to make sure things don't happen, and that seems likely to be the case with plans for more nuclear power.
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As for types of plans covered, the law takes an expansive view of deferred compensation plans--the likely intent being to make sure that the exceptions don't swallow the rule.
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