Eligible Rollover Distribution. (a) This Section applies to distributions made by the Trustee on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover. (b) An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or life expectancies) of the Distributee and the Distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Code Section 401(a)(9); and the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities). (c) An Eligible Retirement Plan is an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan described in Code Section 403(a), or a qualified trust described in Code Section 401(a), that accepts the Distributee's Eligible Rollover Distribution. However, in the case of an Eligible Rollover Distribution to the surviving Spouse, an Eligible Retirement Plan is an individual retirement account or individual retirement annuity. (d) A Distributee includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving Spouse and the Employee's or former Employee's Spouse or former Spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are Distributees with regard to the interest of the Spouse or former Spouse. (e) A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. If a distribution is one to which Code Sections 401(a)(11) and 417 do not apply, such distribution may commence less than 30 days after the notice required under Section 1. 411(a)-11(c) of the Income Tax Regulations is given, provided that: (i) the Administrator clearly informs the Participant that the Participant has a right to a period of at least 30 days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and (ii) the Participant, after receiving the notice, affirmatively elects a distribution.
Appears in 1 contract
Sources: Prototype 401(k) Plan (Associated Estates Realty Corp)
Eligible Rollover Distribution. (a) This Section applies to distributions made by the Trustee on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
(b) An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the DistributeeParticipant's Vested Account Balance, except that an Eligible Rollover Distribution does not includeexcept: (a) any distribution that which is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee Participant or the joint lives (or joint life expectancies) of the Distributee Participant and the DistributeeParticipant's designated beneficiaryBeneficiary, or for a specified period of ten years or more; (b) any distribution to the extent such distribution is required RMD under Code Section 401(a)(9)6.02; and (c) the portion of any distribution that which is not includible in gross income (except for Designated R▇▇▇ Account, Employee Contributions and determined without regard to the exclusion for of net unrealized appreciation with respect to employer securities).
; (cd) An Eligible Retirement Plan any hardship distribution; (e) a corrective distribution made under Article IV; (f) any loans that are treated as deemed distributions under Code §72(p) which is not also an individual retirement account offset distribution; (g) dividends paid on employer securities described in Code Section 408(a§408(k), an individual retirement annuity ; (h) the costs of life insurance coverage (P.S. 58 costs); (i) prohibited allocations treated as deemed distributions under Code §409(p); and (j) permissible withdrawals from a EACA described in Code Section 408(b§414(w), an annuity plan ; (k) any other distributions described in Code Section 403(a)Treas. Reg. §1.402(c)-2; and (l) as to a Direct Rollover, or a qualified trust described in Code Section 401(a), that accepts the Distributee's any distribution which otherwise would be an Eligible Rollover Distribution, but where the total distributions to the Participant during that calendar year are reasonably expected to be less than $200. HoweverFor purposes of clause (l), a Participant's Designated R▇▇▇ Account is deemed to constitute a separate plan that is subject to a separate $200 limit. The Plan Administrator, in the case a form on which a Participant may elect a Direct Rollover, may restrict a Participant from directly rolling over only a part of an Eligible Rollover Distribution to where the surviving Spouse, an Eligible Retirement Plan is an individual retirement account or individual retirement annuity.
(d) A Distributee includes an Employee or former Employeedistribution amount does not exceed $500. In additionthe case of such distribution exceeding $500, the EmployeePlan Administrator's or former Employee's surviving Spouse and the Employee's or former Employee's Spouse or former Spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are Distributees with regard to the interest of the Spouse or former Spouse.
(e) A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. If a distribution is one to which Code Sections 401(a)(11) and 417 do not apply, such distribution form may commence less than 30 days after the notice required under
Section 1. 411(a)-11(c) of the Income Tax Regulations is given, provided that:
(i) the Administrator clearly informs require that any amount the Participant that the Participant has elects to directly roll over be equal to $500 or a right to a period of at least 30 days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and
(ii) the Participant, after receiving the notice, affirmatively elects a distributionlesser specified amount.
Appears in 1 contract
Sources: Defined Contribution Pre Approved Plan (J&j Snack Foods Corp)
Eligible Rollover Distribution. (a) This Section applies to distributions made by the Trustee on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
(b) An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the Distributee, Participant except that an Eligible Rollover Distribution does not include: :
(a) any distribution that is one of a series of substantially equal periodic payments (made not less frequently than annually) made annually for the life (or life expectancy) of the Distributee Participant or the joint lives (or joint life expectancies) of the Distributee Participant and the Distributee's designated beneficiaryParticipant’s Beneficiary, or for a specified period of ten (10) years or more; ,
(b) any distribution to the extent such distribution is required under Code Section 401(a)(9); and ,
(c) any Hardship withdrawal distribution,
(d) the portion of any distribution that is would not be includible in gross income if paid to the Participant (determined without regard to the exclusion for net unrealized appreciation with respect to employer Employer securities).,
(ce) An any excess amounts that is returned to a Participant in accordance with paragraphs 10.3, 11.8, 11.9 and 11.10,
(f) any other distribution(s) that is reasonably expected to total less than $200 during a year,
(g) any corrective distributions of Excess Elective Deferrals or ▇▇▇▇ Elective Deferrals under Code Section 402(g), and the income allocable thereto,
(h) any corrective distributions of Excess Contributions and Excess Aggregate Contributions under Code Section 401(k) and Code Section 401(m), and the income allocable thereto,
(i) any PS 58 costs, and
(j) any dividends paid on securities under Code Section 404(k). A portion of a distribution shall not fail to be an Eligible Retirement Plan is Rollover Distribution merely because the portion consists of after-tax Employee contributions which are not includible in gross income. However, effective January 1, 2007, such portion may be transferred only to an individual retirement account described in Code Section 408(a), an or individual retirement annuity described in Code Section 408(a) or Code Section 408(b), an annuity or to a qualified plan described in Code Section 401(a) or Code Section 403(a)) , or a qualified trust to an annuity contract described in Code Section 401(a403(b), which plan or contract agrees to separately account for amounts so transferred, including separate accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. Effective January 1, 2008, such portion may also be transferred to a ▇▇▇▇ ▇▇▇, provided that accepts the Distributee's Eligible Rollover Distribution. However, for amounts transferred in the case of an Eligible Rollover Distribution to the surviving Spouse, an Eligible Retirement Plan is an individual retirement account 2008 or individual retirement annuity.
(d) A Distributee includes an Employee or former Employee. In additionin 2009 , the Employee's or former Employee's surviving Spouse same income and the Employee's or former Employee's Spouse or former Spouse who is the alternate payee under tax filing restrictions that apply to a qualified domestic relations order, as defined in Section 414(p) of the Code, rollover from a traditional ▇▇▇ to a ▇▇▇▇ ▇▇▇ are Distributees complied with regard to the interest of the Spouse or former Spouse.
(e) A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. If a distribution is one to which Code Sections 401(a)(11) and 417 do not apply, such distribution may commence less than 30 days after the notice required under
Section 1. 411(a)-11(c) of the Income Tax Regulations is given, provided that:
(i) the Administrator clearly informs the Participant that the Participant has a right to a period of at least 30 days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and
(ii) the Participant, after receiving the notice, affirmatively elects a distributiondistributee.
Appears in 1 contract
Eligible Rollover Distribution. (a) This Section applies to distributions made by the Trustee on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
(b) An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or life expectancies) of the Distributee and the Distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Code Section 401(a)(9); and the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities).
(c) An Eligible Retirement Plan is an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan described in Code Section 403(a), or a qualified trust described in Code Section 401(a), that accepts the Distributee's Eligible Rollover Distribution. However, in the case of an Eligible Rollover Distribution to the surviving Spouse, an Eligible Retirement Plan is an individual retirement account or individual retirement annuity.
(d) A Distributee includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving Spouse and the Employee's or former Employee's Spouse or former Spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are Distributees with regard to the interest of the Spouse or former Spouse.
(e) A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. If a distribution is one to which Code Sections 401(a)(11) and 417 do not apply, such distribution may commence less than 30 days after the notice required under
under Section 1. 411(a)-11(c1.411(a)-11(c) of the Income Tax Regulations is given, provided that:
: (i) the Administrator clearly informs the Participant that the Participant has a right to a period of at least 30 days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and
and (ii) the Participant, after receiving the notice, affirmatively elects a distribution.
Appears in 1 contract
Sources: Prototype 401(k) Plan (United States Lime & Minerals Inc)
Eligible Rollover Distribution. (aAn "eligible rollover distribution" means any distribution described in Code §402(c)(4) This Section applies to distributions made by the Trustee on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
(b) An Eligible Rollover Distribution is generally includes any distribution of all or any portion of the balance to the credit of the Distributee, "distributee," except that an Eligible Rollover Distribution "eligible rollover distribution" does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee "distributee" or the joint lives (or joint life expectancies) of the Distributee "distributee" and the Distributee's "distributee's" "designated beneficiary, Beneficiary," or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Code Section §401(a)(9); and any hardship distribution; the portion of any distribution other distribution(s) that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities).
(c) An Eligible Retirement ; and any other distribution reasonably expected to total less than $200 during a year. For purposes of the $200 rule, a distribution from a designated ▇▇▇▇ account and a distribution from other accounts under the Plan is an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan described in Code Section 403(a), or a qualified trust described in Code Section 401(a), that accepts the Distributee's Eligible Rollover Distribution. However, in the case of an Eligible Rollover Distribution to the surviving Spouse, an Eligible Retirement Plan is an individual retirement account or individual retirement annuity.
(d) A Distributee includes an Employee or former Employeemay be treated as made under separate plans. In addition, Section 6.8(f) applies with respect to distributions made in 2009. Notwithstanding the Employee's or former Employee's surviving Spouse and the Employee's or former Employee's Spouse or former Spouse who is the alternate payee under above, a qualified domestic relations order, as defined in Section 414(p) portion of the Code, are Distributees with regard to the interest of the Spouse or former Spouse.
(e) A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. If a distribution is one shall not fail to be an "eligible rollover distribution" merely because the portion consists of after-tax voluntary Employee contributions which Code Sections 401(a)(11) and 417 do are not applyincludible in gross income. However, such distribution portion may commence less than 30 days after the notice required under
Section 1. 411(a)-11(c) of the Income Tax Regulations is given, provided thatbe transferred only to:
(i) the Administrator clearly informs the Participant that the Participant has a right to traditional individual retirement account or annuity described in Code §408(a) or (b) (a period of at least 30 days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option"traditional IRA"), and
(ii) for taxable years beginning after December 31, 2006, a ▇▇▇▇ individual account or annuity described in Code §408A (a "▇▇▇▇ ▇▇▇"), or
(iii) a qualified defined contribution plan or an annuity contract described in Code §401(a) or Code §403(b), respectively, that agrees to separately account for amounts so transferred (and earnings thereon), including separately accounting for the Participant, after receiving portion of such distribution which is includible in gross income and the notice, affirmatively elects a distributionportion of such distribution which is not so includible.
Appears in 1 contract
Eligible Rollover Distribution. (a) This Section applies to distributions made by the Trustee on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
(b) An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's ’s designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Code Section 401(a)(9)) of the Code; and the portion of any distribution that is not includible includable in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities).
(c; and any hardship distribution described in Section 401(k)(2)(B)(i)(IV) An of the Code. A portion of a distribution shall not fail to be an Eligible Retirement Plan is Rollover Distribution merely because such portion consists of after-tax employee contributions which are not includible in gross income, provided that such portion may be transferred only to an individual retirement account described in Code Section 408(a), an individual retirement or annuity described in Code Section 408(b)§ 408(a) or (b) of the Code, an annuity or to a qualified defined contribution plan described in § 401(a) or 403(a) of the Code Section 403(a)that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. Effective for distributions made on or a qualified trust described in Code Section 401(a)after January 1, that accepts the Distributee's Eligible Rollover Distribution. However, in the case of an Eligible Rollover Distribution to the surviving Spouse2008, an Eligible Retirement Plan is an individual retirement account or individual retirement annuity.
shall include a ▇▇▇▇ ▇▇▇ (d) A Distributee includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving Spouse and the Employee's or former Employee's Spouse or former Spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) 408A of the Code), subject to the restrictions set forth in Section 408A of the Code, which are Distributees with regard incorporated herein by reference. A portion of a distribution shall not fail to the interest be an Eligible Rollover Distribution merely because such portion consists of ▇▇▇▇ contributions, provided that such portion may be transferred only to a ▇▇▇▇ ▇▇▇ described in Section 408A of the Spouse Code, or former Spouse.
(e) A Direct Rollover is to a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. If designated ▇▇▇▇ account within a distribution is one to which Code Sections 401(a)(11) and 417 do not apply, such distribution may commence less than 30 days after the notice required under
qualified defined contribution plan as described in Section 1. 411(a)-11(c) 402A of the Income Tax Regulations is given, provided that:
(i) the Administrator clearly informs the Participant that the Participant has a right to a period of at least 30 days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and
(ii) the Participant, after receiving the notice, affirmatively elects a distributionCode.
Appears in 1 contract
Sources: 401(k) Savings and Retirement Plan (Bath & Body Works, Inc.)
Eligible Rollover Distribution. (a) This Section applies to distributions made by the Trustee on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
(b) An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or life expectancies) of the Distributee and the Distributee's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Code Section 401(a)(9); and the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities).
(c) An Eligible Retirement Plan is an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan described in Code Section 403(a), or a qualified trust described in Code Section 401(a), that accepts the Distributee's Eligible Rollover Distribution. However, in the case of an Eligible Rollover Distribution to the surviving Spouse, an Eligible Retirement Plan is an individual retirement account or individual retirement annuity.
(d) A Distributee includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving Spouse and the Employee's or former Employee's Spouse or former Spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(p) of the Code, are Distributees with regard to the interest of the Spouse or former Spouse.
(e) A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. If a distribution is one to which Code Sections 401(a)(11) and 417 do not apply, such distribution may commence less than 30 days after the notice required under
under Section 1. 411(a)-11(c1.411(a)-11(c) of the Income Tax Regulations is given, provided that:
(i) the Administrator clearly informs infonns the Participant that the Participant has a right to a period of at least 30 days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and
(ii) the Participant, after receiving the notice, affirmatively elects a distribution.
Appears in 1 contract
Sources: 401(k) Plan Adoption Agreement (Chandler Insurance Co LTD)
Eligible Rollover Distribution. (a) This Section applies to distributions made by the Trustee on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
(b) An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the Distributee, Participant except that an Eligible Rollover Distribution does not include: :
(a) any distribution that is one of a series of substantially equal periodic payments (made not less frequently than annually) made annually for the life (or life expectancy) of the Distributee Participant or the joint lives (or joint life expectancies) of the Distributee Participant and the Distributee's designated beneficiaryParticipant’s Beneficiary, or for a specified period of ten (10) years or more; ,
(b) any distribution to the extent such distribution is required under Code Section 401(a)(9); and ,
(c) any Hardship withdrawal distribution,
(d) the portion of any distribution that is would not be includible in gross income if paid to the Participant (determined without regard to the exclusion for net unrealized appreciation with respect to employer Employer securities).,
(ce) An any excess amounts that is returned to a Participant in accordance with paragraphs 10.3, 11.8, 11.9 and 11.10,
(f) any other distribution(s) that is reasonably expected to total less than $200 during a year,
(g) any corrective distributions of Excess Elective Deferrals or ▇▇▇▇ Elective Deferrals under Code Section 402(g), and the income allocable thereto,
(h) any corrective distributions of Excess Contributions and Excess Aggregate Contributions under Code Section 401(k) and Code Section 401(m), and the income allocable thereto,
(i) any PS 58 costs, and
(j) any dividends paid on securities under Code Section 404(k). A portion of a distribution shall not fail to be an Eligible Retirement Plan is Rollover Distribution merely because the portion consists of after-tax Employee contributions which are not includible in gross income. However, effective January 1, 2007, such portion may be transferred only to an individual retirement account described in Code Section 408(a), an or individual retirement annuity described in Code Section 408(a) or Code Section 408(b), an annuity or to a qualified plan described in Code Section 401(a) or Code Section 403(a)) , or a qualified trust to an annuity contract described in Code Section 401(a403(b), which plan or contract agrees to separately account for amounts so transferred, including separate accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. Effective January 1, 2008, such portion may also be transferred to a ▇▇▇▇ ▇▇▇, provided that accepts the Distributee's Eligible Rollover Distribution. However, for amounts transferred in the case of an Eligible Rollover Distribution to the surviving Spouse, an Eligible Retirement Plan is an individual retirement account 2008 or individual retirement annuity.
(d) A Distributee includes an Employee or former Employee. In additionin 2009 , the Employee's or former Employee's surviving Spouse same income and the Employee's or former Employee's Spouse or former Spouse who is the alternate payee under tax filing restrictions that apply to a qualified domestic relations order, as defined in Section 414(p) of the Code, rollover from a traditional IRA to a ▇▇▇▇ ▇▇▇ are Distributees complied with regard to the interest of the Spouse or former Spouse.
(e) A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. If a distribution is one to which Code Sections 401(a)(11) and 417 do not apply, such distribution may commence less than 30 days after the notice required under
Section 1. 411(a)-11(c) of the Income Tax Regulations is given, provided that:
(i) the Administrator clearly informs the Participant that the Participant has a right to a period of at least 30 days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and
(ii) the Participant, after receiving the notice, affirmatively elects a distributiondistributee.
Appears in 1 contract
Sources: Savings and Investment Plan Document (Sterling Chemicals Inc)
Eligible Rollover Distribution. (a) This Section applies to distributions made by the Trustee on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
(b) An Eligible Rollover Distribution eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the Distributeedistributee, except that an Eligible Rollover Distribution eligible rollover distribution does not include: include (A) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee distributee or the joint lives (or joint life expectancies) of the Distributee distributee and the Distributee's distributee’s designated beneficiaryBeneficiary, or for a specified period of ten years or more; , (B) any distribution to the extent such distribution is required under Code Section 401(a)(9); and , or (C) any amount that is distributed on account of hardship. For purposes of the direct rollover provisions in this Section 6.12, a portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax Participant contributions or any other distribution that is which are not includible in gross income (determined without regard income; provided, however, such portion may be paid only to the exclusion for net unrealized appreciation with respect to employer securities).
(c) An Eligible Retirement Plan is an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan described in Code Section 403(a), or a qualified trust described in Code Section 401(a), that accepts the Distributee's Eligible Rollover Distribution. However, in the case of an Eligible Rollover Distribution to the surviving Spouse, an Eligible Retirement Plan is an individual retirement account or individual retirement annuity.
(dannuity described in Code Sections 408(a) A Distributee includes an Employee or former Employee. In addition408(b), or to a qualified defined contribution plan described in Code Sections 401(a) or 403(b) that agrees to separately account for amounts so transferred, including separately accounting for the Employee's or former Employee's surviving Spouse portion of such distribution which is includible in gross income and the Employee's or former Employee's Spouse or former Spouse who portion of such distribution which is not so includible. Notwithstanding anything in the alternate payee under Plan to the contrary, a qualified domestic relations order, 2009 RMD and Extended 2009 RMD as defined in Section 414(p) of the Code6.9(f), are Distributees with regard to the interest of the Spouse or former Spouse.
(e) A Direct Rollover is a payment by will be treated as an eligible rollover distribution in 2009. Notwithstanding anything in the Plan to the Eligible Retirement Plan specified by the Distributee. If a distribution is one to which Code Sections 401(a)(11) and 417 do not apply, such distribution may commence less than 30 days after the notice required under
Section 1. 411(a)-11(c) of the Income Tax Regulations is given, provided that:
(i) the Administrator clearly informs the Participant that the Participant has a right to a period of at least 30 days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicablecontrary, a particular distribution option), and
(ii) the Participant, after receiving the notice, affirmatively elects a distribution.2020 RMD and Extended 2020 RMD as defined in
Appears in 1 contract
Sources: Fire and Police Money Purchase Pension Plan and Trust Agreement
Eligible Rollover Distribution. (a) This Section applies to distributions made by the Trustee on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
(b) An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee Participant and the Distributee's ’s designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Code Section section 401(a)(9); and the portion of any distribution that is not includible includable in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer securities).
(c) An Eligible Retirement Plan is an individual retirement account ; any hardship distribution described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan described in Code Section 403(a), or a qualified trust described in Code Section 401(a), 401(k)(2)(B)(i)(IV) of the Code. Any amount that accepts the Distributee's Eligible Rollover Distribution. However, in the case is distributed on account of hardship shall not be an Eligible Rollover Distribution and the distributee may not elect to the surviving Spouse, have any portion of such a distribution paid directly to an Eligible Retirement Plan is Plan. A portion of a distribution shall not fail to be an Eligible Rollover Distribution merely because the portion consists of After-Tax Contributions which are not includible in gross income. However, such portion may be transferred only to an individual retirement account or individual retirement annuity.
annuity described in section 408(a) or (d) A Distributee includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving Spouse and the Employee's or former Employee's Spouse or former Spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(pb) of the Code, are Distributees with regard or to the interest of the Spouse a qualified defined contribution plan described in section 401(a) or former Spouse.
(e) A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. If a distribution is one to which Code Sections 401(a)(11) and 417 do not apply, such distribution may commence less than 30 days after the notice required under
Section 1. 411(a)-11(c403(a) of the Income Tax Regulations Code that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is given, provided that:
(i) includible in gross income and the Administrator clearly informs the Participant that the Participant has a right to a period portion of at least 30 days after receiving the notice to consider the decision of whether or such distribution which is not to elect a distribution (and, if applicable, a particular distribution option), and
(ii) the Participant, after receiving the notice, affirmatively elects a distributionso includible.
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Eligible Rollover Distribution. (a) This Section applies to distributions made by the Trustee on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an The term “Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
(b) An Eligible Rollover Distribution is Distribution” means any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: (A) any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's ’s designated beneficiary, or for a specified period of ten years or more; (B) any distribution to the extent that such distribution is a required minimum distribution under Code Section §401(a)(9); and (C) if applicable to the Plan, the portion of any distribution that is not includible in gross income (determined without regard to the exclusion for net unrealized appreciation with respect to employer Employer securities).
; (cD) An Eligible Retirement if applicable to the Plan, corrective distributions of: (i) Excess Deferrals as described in Regulation §1.402(g)–1(e)(3) including any income allocable to such corrective distributions; (ii) Excess Contributions under a 401(k) Plan is an individual retirement account described in Regulation §1.401(k)–1(f)(4) including any income allocable to such corrective distributions; and (iii) Excess Aggregate Contributions described in Regulation §1.401(m)–2(b)(2) including any income allocable to such distributions; (E) if applicable to the Plan, loans that are treated as deemed distributions pursuant to Code §72(p) (F) if applicable to the Plan, dividends paid on Employer securities as described in Code Section 408(a§404(k), an individual retirement annuity described in Code Section 408(b), an annuity plan described in Code Section 403(a), or a qualified trust described in Code Section 401(a), that accepts the Distributee's Eligible Rollover Distribution. However, in the case of an Eligible Rollover Distribution ; (G) if applicable to the surviving Spouse, an Eligible Retirement Plan is an individual retirement account or individual retirement annuity.
(d) A Distributee includes an Employee or former Employee. In additionPlan, the Employee's or former Employee's surviving Spouse and the Employee's or former Employee's Spouse or former Spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(pcosts of life insurance coverage (P.S. 58 costs); (H) of the Code, are Distributees with regard if applicable to the interest Plan, prohibited allocations that are treated as deemed distributions pursuant to Code §409(p); (I) if applicable to the Plan, the portion of any distribution which is attributable to a financial hardship distribution; (J) if applicable to the Spouse Plan, effective for Plan Years beginning on or former Spouse.
(e) A Direct Rollover after January 1, 2008, a distribution that is a payment by permissible withdrawal from an eligible automatic contribution arrangement within the Plan meaning of Code §414(w); and (K) any other distribution that is reasonably expected to the Eligible Retirement Plan specified by the Distributee. If a distribution is one to which Code Sections 401(a)(11) and 417 do not apply, such distribution may commence total less than 30 days after the notice required under
Section 1. 411(a)-11(c) of the Income Tax Regulations is given, provided that:
(i) the Administrator clearly informs the Participant that the Participant has $200 during a right to a period of at least 30 days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and
(ii) the Participant, after receiving the notice, affirmatively elects a distributionyear.
Appears in 1 contract
Sources: 401(k) Non Standardized Prototype Adoption Agreement (Littelfuse Inc /De)
Eligible Rollover Distribution. (a) This Section applies to distributions made by the Trustee on or after January 1, 1993. Notwithstanding any provision of the Plan to the contrary that would otherwise limit a Distributee's election under this Section, a Distributee may elect, at the time and in the manner prescribed by the Administrator, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.
(b) An Eligible Rollover Distribution is any distribution of all or any portion of the balance to the credit of the DistributeeDistributee from an Eligible Retirement Plan, except that an Eligible Rollover Distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and the Distributee's ’s designated beneficiary, or for a specified period of ten years or more; any distribution to the extent such distribution is required under Code Section 401(a)(9) (minimum required distribution); any distribution on account of hardship; and any other distribution determined not to be an Eligible Rollover Distribution under the Code, or other applicable guidance. For purposes of determining whether a distribution from the Plan is an Eligible Rollover Distribution, any distribution(s) that is(are) reasonably expected to total less than $200 during a year shall not be treated as an Eligible Rollover Distribution. A portion of a distribution shall not fail to be an Eligible Rollover Distribution merely because the portion consists of any distribution that is after-tax employee contributions which are not includible in gross income (determined without regard income. However, such portion may be transferred only to the exclusion for net unrealized appreciation with respect to employer securities).
(c) An Eligible Retirement Plan is an individual retirement account or annuity described in Code Section 408(a) or (b), an individual retirement annuity described in Code Section 408(b), an annuity or to a qualified defined contribution plan described in Code Sections 401(a) or 403(a) that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includible in gross income and the portion of such distribution which is not so includible. In all events, a distribution of Excess Amounts (defined in Section 403(a3.7.1), or a qualified trust described in Code Section 401(a)Excess Aggregate Contributions, that accepts the Distributee's Excess Contributions, and Excess Elective Deferral Contributions is not an Eligible Rollover Distribution. However, A ▇▇▇▇ Contributions Account shall be treated as being held under a separate plan for purposes of applying the rules in the case of A-9 (dividing an Eligible Rollover Distribution to the surviving Spousebetween direct rollover and direct pay), an Eligible Retirement Plan is an individual retirement account or individual retirement annuity.
A-10 (ddividing a direct rollover into multiple direct rollovers) A Distributee includes an Employee or former Employee. In addition, the Employee's or former Employee's surviving Spouse and the Employee's or former Employee's Spouse or former Spouse who is the alternate payee under a qualified domestic relations order, as defined in Section 414(pA-11 (de minimis distributions) of the Code, are Distributees with regard to the interest of the Spouse or former SpouseTreas. Reg. Section 1.401 (a)(31) -1.
(e) A Direct Rollover is a payment by the Plan to the Eligible Retirement Plan specified by the Distributee. If a distribution is one to which Code Sections 401(a)(11) and 417 do not apply, such distribution may commence less than 30 days after the notice required under
Section 1. 411(a)-11(c) of the Income Tax Regulations is given, provided that:
(i) the Administrator clearly informs the Participant that the Participant has a right to a period of at least 30 days after receiving the notice to consider the decision of whether or not to elect a distribution (and, if applicable, a particular distribution option), and
(ii) the Participant, after receiving the notice, affirmatively elects a distribution.
Appears in 1 contract
Sources: Defined Contribution Plan and Trust (Triad Guaranty Inc)