Transitional Rules. (a) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous Sections of this Article must be given the opportunity to elect to have the prior Sections of this Article apply if such Participant is credited with at least one hour of service under this Plan or a predecessor plan in a Plan Year beginning on or after January 1, 1976, and such Participant had at least 10 years of vesting service when he or she separated from service. (b) Any living Participant not receiving benefits on August 23, 1984, who was credited with at least one hour of service under this Plan or a predecessor Plan on or after September 2, 1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 1976, must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(d) of this Article. (c) The respective opportunities to elect (as described in Sections 9.07(a) and (b) above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, and ending on the date benefits would otherwise commence to said Participants. (d) Any Participant who has elected pursuant to Section 9.07(b) of this Article and any Participant who does not elect under Section 9.07(a) or who meets the requirements of Section 9.07(a) except that such Participant does not have at least 10 years of vesting service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements if benefits would have been payable in the form of a life annuity: (1) Automatic Joint and Survivor Annuity - If benefits in the form of a life annuity become payable to a married Participant who: (A) Begins to receive payments under the Plan on or after Normal Retirement Age; or (B) Dies on or after Normal Retirement Age while still working for the Employer; or (C) Begins to receive payments on or after the qualified early retirement age; or (D) Separates from service on or after attaining Normal Retirement Age (or the qualified early retirement age) and after satisfying the eligibility requirements for the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then such benefits will be received under this Plan in the form of a Qualified Joint and Survivor Annuity, unless the Participant has elected otherwise during the election period. The election period must begin at least 6 months before the Participant attains qualified early retirement age and end not more than 90 days before the commencement of benefits. Any election hereunder will be in writing and may be changed by the Participant at any time. (2) Election of early survivor annuity - A Participant who is employed after attaining the qualified early retirement age will be given the opportunity to elect, during the election period, to have a survivor annuity payable on death. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period begins on the later of (A) the 90th day before the Participant attains the qualified early retirement age, or (B) the date on which participation begins, and ends on the date the Participant terminates employment. (3) For purposes of this Section 9.07(d): (A) Qualified Early Retirement Age is the latest of: (i) The earliest date, under the Plan, on which the Participant may elect to receive retirement benefits, (ii) The first day of the 120th month beginning before the Participant reaches Normal Retirement Age, or (iii) The date the Participant begins participation. (B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.
Appears in 3 contracts
Sources: Individual 401(k) Plan Purchase Agreement, Employer Sponsored Plan Account Agreement, Employer Sponsored Plan Account Agreement
Transitional Rules. (a) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous Sections sections of this Article section l0 must be given the opportunity to elect to have the prior Sections of this Article such sections apply (1) if such Participant is credited with at least one hour Hour of service Service under this Plan or a predecessor plan in a Plan Year beginning on or after January 1, 1976, and (2) such Participant had at least 10 years of vesting service when he or she separated from service.
(b) Any living Participant not receiving benefits on August 23, 1984, who was credited with at least one hour Hour of service Service under this Plan or a predecessor Plan plan on or after September 2, 1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 1976, must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(d) of this Articlesection 10.8(d).
(c) The respective opportunities to elect (as described in Sections 9.07(asection 10.8(a) and (b) above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, and ending on the date benefits would otherwise commence to said such Participants.
(d) Any Participant who has elected pursuant to Section 9.07(bsection 10.8(b) of this Article and any Participant who does not elect under Section 9.07(asection 10.8
(a) or who meets the requirements of Section 9.07(asection 10.8
(a) except that such Participant does not have at least 10 years of vesting service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements if benefits would have been payable in the form of a life annuity:
(1) Automatic Joint and Survivor Annuity - If benefits in the form of a life annuity become payable to a married Participant who:
(Ai) Begins begins to receive payments under the Plan on or after Normal Retirement Age; or
(Bii) Dies dies on or after Normal Retirement Age while still working for the Employer; or
(Ciii) Begins begins to receive payments on or after the "qualified early retirement age"; or
(Div) Separates separates from service on or after attaining Normal Retirement Age (or the "qualified early retirement age") and after satisfying the eligibility requirements for the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then such benefits will shall be received under this Plan in the form of a Qualified Joint and Survivor Annuity, unless the Participant has elected otherwise during the election period. The election period must begin at least 6 months before the Participant attains "qualified early retirement age age" and end not more than 90 days before the commencement of benefits. Any such election hereunder will shall be in writing and may be changed by the Participant at any time.
(2) Election of early survivor annuity - A Participant who is employed after attaining the qualified early retirement age will shall be given the opportunity to elect, during the election period, to have a survivor annuity payable on death. The election period begins on the later of (i) the 90th day before the Participant attains the "qualified early retirement age", or (ii) the date on which participation begins, and ends on the date the Participant separates from service. Any such election shall be in writing and may be changed by the Participant at any time. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse Spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her the Participant's death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period begins on the later of (A) the 90th day before the Participant attains the qualified early retirement age, or (B) the date on which participation begins, and ends on the date the Participant terminates employment.
(3) For purposes of this Section 9.07(d):
(A) Qualified Early Retirement Age is the latest of:
(i) The earliest date, under the Plan, on which the Participant may elect to receive retirement benefits,
(ii) The first day of the 120th month beginning before the Participant reaches Normal Retirement Age, or
(iii) The date the Participant begins participation.
(B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.
Appears in 3 contracts
Sources: Flexible Nonstandardized 401(k) Adoption Agreement (Oshkosh B Gosh Inc), Flexible Nonstandardized 401(k) Adoption Agreement (Oshkosh B Gosh Inc), 401(k) Adoption Agreement (Oshkosh B Gosh Inc)
Transitional Rules. (a) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous preceding Sections of this Article 10, must be given the opportunity to elect to have the prior those Sections of this Article apply if such the Participant is credited with at least one hour Hour of service Service under this the Plan or a predecessor plan in a Plan Year beginning on or after January 1, 1976, and such the Participant had at least 10 ten years of vesting service when he or she separated from service.
(b) Any living Participant not receiving benefits on August 23, 1984, who was credited with at least one hour Hour of service Service under this the Plan or a predecessor Plan plan on or after September 2, 1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 1976, must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(dparagraph (d) of this ArticleSection 10.6.
(c) The respective opportunities to elect (as described in Sections 9.07(aparagraphs (a) and -58- 118 (b) above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, and ending on the date benefits would otherwise commence to said be paid to those Participants.
(d) Any Participant who has so elected pursuant to Section 9.07(bparagraph (b) of this Article Section 10.6, and any Participant who does not elect under Section 9.07(a) paragraph (a), or who meets the requirements of Section 9.07(aparagraph (a) except that such Participant he does not have at least 10 ten years of vesting service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements requirements, if his benefits would otherwise have been payable in the form of a life annuity:
(1) Automatic Joint joint and Survivor Annuity - survivor annuity. If benefits in the form of a life annuity become payable to a married Participant who:
(A) Begins begins to receive payments under the Plan on or after Normal Retirement Agenormal retirement age; or
(B) Dies dies on or after Normal Retirement Age normal retirement age while still working for the Employer; or
(C) Begins begins to receive payments on or after the qualified early retirement age; or
(D) Separates separates from service on or after attaining Normal Retirement Age normal retirement age (or the qualified early retirement age) and after satisfying the eligibility requirements for the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then such benefits will be received under this the Plan in the form of a Qualified Joint and Survivor Annuity, unless the Participant has elected otherwise during the election period. The election period , which must begin at least 6 six months before the Participant attains qualified early retirement age and end not more than 90 days before the commencement of benefits. Any election hereunder will be in writing and may be changed by the Participant at any time.
(2) Election of early survivor annuity - A Participant who is employed after attaining the qualified early retirement age will be given the opportunity to elect, during the election period, to have a survivor annuity payable on death. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period begins on the later of (A) the 90th day before the Participant attains the qualified early retirement age, or (B) the date on which participation begins, and ends on the date the Participant terminates employment.
(3) For purposes of this Section 9.07(d):
(A) Qualified Early Retirement Age is the latest of:
(i) The earliest date, under the Plan, on which the Participant may elect to receive retirement benefits,
(ii) The first day of the 120th month beginning before the Participant reaches Normal Retirement Age, or
(iii) The date the Participant begins participation.
(B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.
Appears in 1 contract
Sources: 401(k) and Profit Sharing Plan Agreement (Conley Canitano & Associates Inc)
Transitional Rules. (a) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous preceding Sections of this Article 10, must be given the opportunity to elect to have the prior those Sections of this Article apply if such the Participant is credited with at least one hour Hour of service Service under this the Plan or a predecessor plan in a Plan Year beginning on or after January 1, 1976, and such the Participant had at least 10 ten years of vesting service when he or she separated from service.
(b) Any living Participant not receiving benefits on August 23, 1984, who was credited with at least one hour Hour of service Service under this the Plan or a predecessor Plan plan on or after September 2, 1974, and who is not otherwise credited with any service in -57- a Plan Year beginning on or after January 1, 1976, must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(dparagraph (d) of this ArticleSection 10.6.
(c) The respective opportunities to elect (as described in Sections 9.07(aparagraphs (a) and (b) above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, and ending on the date benefits would otherwise commence to said be paid to those Participants.
(d) Any Participant who has so elected pursuant to Section 9.07(bparagraph (b) of this Article Section 10.6, and any Participant who does not elect under Section 9.07(a) paragraph (a), or who meets the requirements of Section 9.07(aparagraph (a) except that such Participant he does not have at least 10 ten years of vesting service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements requirements, if his benefits would otherwise have been payable in the form of a life annuity:
(1) Automatic Joint joint and Survivor Annuity - survivor annuity. If benefits in the form of a life annuity become payable to a married Participant who:
(A) Begins begins to receive payments under the Plan on or after Normal Retirement Agenormal retirement age; or
(B) Dies dies on or after Normal Retirement Age normal retirement age while still working for the Employer; or
(C) Begins begins to receive payments on or after the qualified early retirement age; or
(D) Separates separates from service on or after attaining Normal Retirement Age normal retirement age (or the qualified early retirement age) and after satisfying the eligibility requirements for the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then such benefits will be received under this the Plan in the form of a Qualified Joint and Survivor Annuity, unless the Participant has elected otherwise during the election period. The election period , which must begin at least 6 six months before the Participant attains qualified early retirement age and end not more than 90 days before the commencement of benefits. Any election hereunder will be in writing and may be changed by the Participant at any time.
(2) Election of early survivor annuity - annuity. A Participant who is employed after attaining the qualified early retirement age will be given the opportunity to elect, elect during the election period, period to have a survivor annuity payable on death. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period begins on the later of (Ai) the 90th day before the Participant attains the qualified early retirement age, or (Bii) the date on which participation begins, and ends on the date the Participant terminates employment.
(3) For purposes of this Section 9.07(d):
(A) Qualified Early Retirement Age 10.6, qualified early retirement age is the latest of:
(i) The of the earliest date, date under the Plan, Plan on which the Participant may elect to receive retirement Retirement benefits,
(ii) The , the first day of the 120th month beginning before the Participant reaches Normal Retirement Agenormal retirement age, or
(iii) The or the date the Participant begins participation.
(B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.
Appears in 1 contract
Transitional Rules. (a1) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous Sections sections of this Article Section 7.10 must be given the opportunity to elect to have the prior Sections sections of this Article Section 7.10 apply if such Participant is credited with at least one hour Hour of service Service under this Plan or a predecessor plan Plan in a Plan Year beginning on or after January 1, 1976, and such Participant had at least 10 ten (10) years of vesting service when he or she separated from service.
(b2) Any living Participant not receiving benefits on August 23, 1984, 1984 who was credited with at least one hour Hour of service Service under this Plan or a predecessor Plan on or after September 2, 1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 1976, 1976 must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(d) of this Article7.10(G)(4).
(c3) The respective opportunities to elect (as described in Sections 9.07(aSection 7.10(G)(1) and (b2) above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, 1984 and ending on the date benefits would otherwise commence to said these Participants.
(d4) Any Participant who has elected pursuant to Section 9.07(b7.10(G)(2) of this Article and any Participant who does not elect under Section 9.07(a7.10(G)(1) or who meets the requirements of Section 9.07(a7.10(G)
(1) except that such Participant does not have at least 10 ten (10) years of vesting service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements if of benefits would have been payable in the form of a life annuity:
(1a) Automatic Joint joint and Survivor Annuity - survivor annuity. If benefits in the form of a life annuity become payable to a married Participant participant who:
(Ai) Begins begins to receive payments under the Plan on or after Normal Retirement AgeDate; or
(Bii) Dies dies on or after Normal Retirement Age Date while still working for the Employer; or
(Ciii) Begins begins to receive payments on or after the qualified early retirement ageQualified Early Retirement Age; or
(Div) Separates separates from service on or after attaining Normal Retirement Age Date (or the qualified early retirement ageQualified Early Retirement Age) and after satisfying the eligibility requirements for the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then such benefits will be received under this Plan in the form of a Qualified Joint and Survivor Annuity, unless the Participant has elected otherwise during the election period. The election period must begin at least 6 months before the Participant attains qualified early retirement age Qualified Early Retirement Age and end not more than 90 days before the commencement of benefits. Any election hereunder will be in writing and may be changed by the Participant at any time.
(2) Election of early survivor annuity - A Participant who is employed after attaining the qualified early retirement age will be given the opportunity to elect, during the election period, to have a survivor annuity payable on death. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period begins on the later of (A) the 90th day before the Participant attains the qualified early retirement age, or (B) the date on which participation begins, and ends on the date the Participant terminates employment.
(3) For purposes of this Section 9.07(d):
(A) Qualified Early Retirement Age is the latest of:
(i) The earliest date, under the Plan, on which the Participant may elect to receive retirement benefits,
(ii) The first day of the 120th month beginning before the Participant reaches Normal Retirement Age, or
(iii) The date the Participant begins participation.
(B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.
Appears in 1 contract
Sources: 401(k) Profit Sharing Plan Adoption Agreement (Priority Healthcare Corp)
Transitional Rules. (ai) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous Sections Subsections of this Article Section 12.08 must be given the opportunity to elect to have the prior Sections Subsections of this Article Section 12.08 apply if such Participant is credited with at least one hour Hour of service Service under this Plan or a predecessor plan in a Plan Year beginning on or after January 1, 1976, and such Participant had at least 10 years of vesting service when he or she separated from service.
(bii) Any living Participant not receiving benefits on August 23, 1984, who was credited with at least one hour Hour of service Service under this Plan or a predecessor Plan plan on or after September 2, 1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 1976, must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(dParagraph (f)(iv) of this Articlebelow.
(ciii) The respective opportunities to elect (as described in Sections 9.07(aParagraphs (f)(i) and (bii) above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, ; and ending on the date benefits would otherwise commence to said Participants.
(div) Any Participant who has elected pursuant to Section 9.07(bParagraph (f)(ii) of this Article and any Participant who does not elect under Section 9.07(aParagraph (f)
(i) or who meets the requirements of Section 9.07(aParagraph (f)
(i) except that such Participant does not have at least 10 years of vesting service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements if benefits would have been payable in the form of a life annuity:
(1A) Automatic Joint joint and Survivor Annuity - survivor annuity. If benefits in the form of a life annuity become payable to a married Participant who:
(A1) Begins begins to receive payments under the Plan on or after Normal Retirement Age; or
(B2) Dies dies on or after Normal Retirement Age while still working for the Employer; or
(C3) Begins begins to receive payments on or after the qualified early retirement ageQualified Early Retirement Age; or
(D4) Separates separates from service on or after attaining Normal Retirement Age (or the qualified early retirement ageQualified Early Retirement Age) and after satisfying the eligibility requirements for the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then such benefits will be received under this Plan in the form of a Qualified Joint and Survivor Annuity, unless the Participant has elected otherwise during the election period. The election period must begin at least 6 months before the Participant attains qualified early retirement age the Qualified Early Retirement Age and end not more than 90 days before the commencement of benefits. Any election hereunder will be in writing and may be changed by the Participant at any time.
(2B) Election of early survivor annuity - annuity. A Participant who is employed after attaining the qualified early retirement age Qualified Early Retirement Age will be given the opportunity to elect, during the election period, to have a survivor annuity payable on death. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period begins on the later of (A1) the 90th day before the Participant attains the qualified early retirement ageQualified Early Retirement Age, or (B2) the date on which participation begins, and ends on the date the Participant terminates employment.
(3C) For purposes of this Section 9.07(d):
paragraph (A) Qualified Early Retirement Age is the latest of:
(i) The earliest date, under the Plan, on which the Participant may elect to receive retirement benefits,
(ii) The first day of the 120th month beginning before the Participant reaches Normal Retirement Age, or
(iii) The date the Participant begins participation.
(B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.f)(iv)
Appears in 1 contract
Transitional Rules. (a) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous Sections of this Article must be given the opportunity to elect to have the prior Sections of this Article apply if such Participant is credited with at least one hour (1) Hour of service Service under this Plan or a predecessor plan in a Plan Year beginning on or after January 1, 1976, and such Participant had at least 10 years ten (10) Years of vesting service Vesting Service when he or she separated from service.
(b) Any living Participant not receiving benefits on August 23, 1984, who was credited with at least one hour (1) Hour of service Service under this Plan or a predecessor Plan plan on or after September 2, 1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 1976, must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(dsubsection (d) of this ArticleSection.
(c) The respective opportunities to elect (as described in Sections 9.07(asubsections (a) and (b) above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, and ending on the date benefits would otherwise commence to said Participants.
(d) Any Participant who has elected pursuant to Section 9.07(bsubsection (b) of this Article Section and any Participant who does not elect under Section 9.07(asubsection (a) or who meets the requirements of Section 9.07(asubsection (a) except that such Participant does not have at least 10 years ten (10) Years of vesting service Vesting Service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements if benefits would have been payable in the form of a life annuity:
(1) Automatic Joint and Survivor Annuity - . If benefits in the form of a life annuity become payable to a married Participant who:
(Ai) Begins begins to receive payments under the Plan on or after the Normal Retirement Age; or
(Bii) Dies dies on or after the Normal Retirement Age while still working for the Employer; or
(Ciii) Begins begins to receive payments on or after the qualified early retirement ageQualified Early Retirement Age; or
(Div) Separates separates from service on or after attaining Normal Retirement Age (or the qualified early retirement ageQualified Early Retirement Age) and after satisfying the eligibility requirements for the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then such benefits will be received under this Plan in the form of a Qualified Joint and Survivor Annuity, unless the Participant has elected otherwise during the election periodElection Period. The election period Election Period must begin at least 6 six (6) months before the Participant attains qualified early retirement age Qualified Early Retirement Age and end not more than 90 ninety (90) days before the commencement of benefits. Any election hereunder will be in writing and may be changed by the Participant at any time.
(2) Election of early survivor annuity - . A Participant who is employed after attaining the qualified early retirement age Qualified Early Retirement Age will be given the opportunity to elect, during the election periodElection Period, to have a survivor annuity payable on death. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse Spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period Election Period begins on the later of of
(Ai) the 90th day before the Participant attains the qualified early retirement ageQualified Early Retirement Age, or (Bii) the date on which participation begins, and ends on the date the Participant terminates employment.
(3) For purposes of this Section 9.07(d):
(A) Qualified Early Retirement Age is the latest of:
(i) The earliest date, under the Plan, on which the Participant may elect to receive retirement benefits,
(ii) The first day of the 120th month beginning before the Participant reaches Normal Retirement Age, or
(iii) The date the Participant begins participation.
(B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.
Appears in 1 contract
Sources: Nonstandardized Adoption Agreement (Merrill Merchants Bancshares Inc)
Transitional Rules. (a1) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous Sections sections of this Article Section 5.7 must be given the opportunity to elect to have the prior Sections sections of this Article Section 5.7 apply if such Participant is credited with at least one hour Hour of service Service under this Plan or a predecessor plan in a Plan Year beginning on or after January 1, 1976, and such Participant had at least 10 years of vesting service when he or she separated from service.
(b2) Any living Participant not receiving benefits on August 23, 1984, who was credited with at least one hour Hour of service Service under this Plan or a predecessor Plan plan on or after September 2, 1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 1976, must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(d) of this Article.DCSTRPG792 Page 28 Defined Contribution Plan and Trust Document
(c3) The respective opportunities to elect (as described in Sections 9.07(aSection 5.7(G)(1) and (b2) above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, and ending on the date benefits would otherwise commence to said Participants.
(d4) Any Participant who has elected pursuant to Section 9.07(b5.7(G)(2) of this Article and any Participant who does not elect under Section 9.07(a5.7(G)(1) or who meets the requirements requirement of Section 9.07(a5.7(G)
(1) except that such Participant does not have at least 10 years of vesting service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements if benefits would have been payable in the form of a life annuity:
: (1a) Automatic Joint joint and Survivor Annuity - survivor annuity. If benefits in the form of a life annuity become payable to a married Participant who:
: (Ai) Begins to receive payments under the Plan plan on or after Normal Retirement Age; or
or (Bii) Dies on or after Normal Retirement Age while still working for the Employer; or
or (Ciii) Begins to receive payments on or after the qualified early retirement age; or
or (Div) Separates from service on or after attaining Normal Retirement Age (or the qualified early retirement age) and after satisfying the eligibility requirements for the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then such benefits will be received under this Plan in the form of a Qualified qualified Joint and Survivor Annuity, unless the Participant has elected otherwise during the election periodElection Period. The election period Election Period must begin at least 6 months before the Participant attains qualified early retirement age and end not more than 90 days before the commencement of benefits. Any election hereunder will be in writing and may be changed by the Participant at any time.
(2) Election of early survivor annuity - A Participant who is employed after attaining the qualified early retirement age will be given the opportunity to elect, during the election period, to have a survivor annuity payable on death. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period begins on the later of (A) the 90th day before the Participant attains the qualified early retirement age, or (B) the date on which participation begins, and ends on the date the Participant terminates employment.
(3) For purposes of this Section 9.07(d):
(A) Qualified Early Retirement Age is the latest of:
(i) The earliest date, under the Plan, on which the Participant may elect to receive retirement benefits,
(ii) The first day of the 120th month beginning before the Participant reaches Normal Retirement Age, or
(iii) The date the Participant begins participation.
(B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.
Appears in 1 contract
Sources: Tax Sheltered Custodial Account Agreement (New England Funds Trust I)
Transitional Rules. (a) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous Sections sections of this Article must be given the opportunity to elect to have the prior Sections sections of this Article apply if such Participant participant is credited with at least one hour (1) Hour of service Service under this Plan or a predecessor plan in a Plan Year beginning on or after January 1, 1976, and such Participant participant had at least 10 ten (10) years of vesting service when he or she separated from service.
(b) Any living Participant participant not receiving benefits on August 23, 1984, who was credited with at least one hour (1) Hour of service Service under this Plan or a predecessor Plan plan on or after September 2, 1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 1976, must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(d) of this ArticleSubsection (d).
(c) The respective opportunities to elect (as described in Sections 9.07(asubsections (a) and (b) above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, and ending on the date benefits would otherwise commence to said Participantsparticipants.
(d) Any Participant who has elected pursuant to Section 9.07(bSubsection (b) of this Article and any Participant who does not elect under Section 9.07(aSubsection (a) or who meets the requirements of Section 9.07(aSubsection (a) except that such Participant does not have at least 10 ten (10) years of vesting service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements if benefits would have been payable in the form of a life annuity:
(1) Automatic Joint and Survivor Annuity - If benefits in the form of a life annuity become payable to a married Participant who:
(A) Begins to receive payments under the Plan on or after Normal Retirement Age; or
(B) Dies on or after Normal Retirement Age while still working for the Employer; or
(C) Begins to receive payments on or after the qualified early retirement age; or
(D) Separates from service on or after attaining Normal Retirement Age (or the qualified early retirement age) and after satisfying the eligibility requirements for the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then such benefits will be received under this Plan in the form of a Qualified Joint and Survivor Annuity, unless the Participant has elected otherwise during the election period. The election period must begin at least 6 months before the Participant attains qualified early retirement age and end not more than 90 days before the commencement of benefits. Any election hereunder will be in writing and may be changed by the Participant at any time.
(2) Election of early survivor annuity - A Participant who is employed after attaining the qualified early retirement age will be given the opportunity to elect, during the election period, to have a survivor annuity payable on death. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period begins on the later of (A) the 90th day before the Participant attains the qualified early retirement age, or (B) the date on which participation begins, and ends on the date the Participant terminates employment.
(3) For purposes of this Section 9.07(d):
(A) Qualified Early Retirement Age is the latest of:
(i) The earliest date, under the Plan, on which the Participant may elect to receive retirement benefits,
(ii) The first day of the 120th month beginning before the Participant reaches Normal Retirement Age, or
(iii) The date the Participant begins participation.
(B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.
Appears in 1 contract
Sources: Salary Deferral Retirement Plan Adoption Agreement (Novo Nordisk a S)
Transitional Rules. (a) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous preceding Sections of this Article 10, must be given the opportunity to elect to have the prior those Sections of this Article apply if such the Participant is credited with at least one hour Hour of service Service under this the Plan or a predecessor plan in a Plan Year beginning on or after January 1, 1976, and such the Participant had at least 10 ten years of vesting service when he or she separated from service.
(b) Any living Participant not receiving benefits on August 23, 1984, who was credited with at least one hour Hour of service Service under this the Plan or a predecessor Plan plan on or after September 2, 1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 1976, must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(dparagraph (d) of this ArticleSection 10.6.
(c) The respective opportunities to elect (as described in Sections 9.07(aparagraphs (a) and (b) above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, and ending on the date benefits would otherwise commence to said be paid to those Participants.
(d) Any Participant who has so elected pursuant to Section 9.07(bparagraph (b) of this Article Section 10.6, and any Participant who does not elect under Section 9.07(a) paragraph (a), or who meets the requirements of Section 9.07(aparagraph (a) except that such Participant he does not have at least 10 ten years of vesting service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements requirements, if his benefits would otherwise have been payable in the form of a life annuity:
(1) Automatic Joint joint and Survivor Annuity - survivor annuity. If benefits in the form of a life annuity become payable to a married Participant who:
(A) Begins begins to receive payments under the Plan on or after Normal Retirement Agenormal retirement age; or
(B) Dies dies on or after Normal Retirement Age normal retirement age while still working for the Employer; or
(C) Begins begins to receive payments on or after the qualified early retirement age; or
(D) Separates separates from service on or after attaining Normal Retirement Age normal retirement age (or the qualified early retirement age) and after satisfying the eligibility requirements for the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then such benefits will be received under this the Plan in the form of a Qualified Joint and Survivor Annuity, unless the Participant has elected otherwise during the election period. The election period , which must begin at least 6 six months before the Participant attains qualified early retirement age and end not more than 90 days before the 44 77 commencement of benefits. Any election hereunder will be in writing and may be changed by the Participant at any time.
(2) Election of early survivor annuity - A Participant who is employed after attaining the qualified early retirement age will be given the opportunity to elect, during the election period, to have a survivor annuity payable on death. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period begins on the later of (A) the 90th day before the Participant attains the qualified early retirement age, or (B) the date on which participation begins, and ends on the date the Participant terminates employment.
(3) For purposes of this Section 9.07(d):
(A) Qualified Early Retirement Age is the latest of:
(i) The earliest date, under the Plan, on which the Participant may elect to receive retirement benefits,
(ii) The first day of the 120th month beginning before the Participant reaches Normal Retirement Age, or
(iii) The date the Participant begins participation.
(B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.
Appears in 1 contract
Sources: 401(k) and Profit Sharing Plan Agreement (American Science & Engineering Inc)
Transitional Rules. (a) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous preceding Sections of this Article 10, must be given the opportunity to elect to have the prior those Sections of this Article apply if such the Participant is credited with at least one hour Hour of service Service under this the Plan or a predecessor plan in a Plan Year beginning on or after January 1, 1976, and such the Participant had at least 10 ten years of vesting service when he or she separated from service.
(b) Any living Participant not receiving benefits on August 23, 1984, who was credited with at least one hour Hour of service Service under this the Plan or a predecessor Plan plan on or after September 2, 1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 1976, must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(dparagraph (d) of this ArticleSection 10.6.
(c) The respective opportunities to elect (as described in Sections 9.07(aparagraphs (a) and (b) above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, and ending on the date benefits would otherwise commence to said be paid to those Participants.
(d) Any Participant who has so elected pursuant to Section 9.07(bparagraph (b) of this Article Section 10.6, and any Participant who does not elect under Section 9.07(a) paragraph (a), or who meets the requirements of Section 9.07(aparagraph (a) except that such Participant he does not have at least 10 ten years of vesting service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements requirements, if his benefits would otherwise have been payable in the form of a life annuity:
(1) Automatic Joint joint and Survivor Annuity - survivor annuity. If benefits in the form of a life annuity become payable to a married Participant who:
(A) Begins begins to receive payments under the Plan on or after Normal Retirement Agenormal retirement age; or
(B) Dies dies on or after Normal Retirement Age normal retirement age while still working for the Employer; or
(C) Begins begins to receive payments on or after the qualified early retirement age; or
(D) Separates separates from service on or after attaining Normal Retirement Age normal retirement age (or the qualified early retirement age) and after satisfying the eligibility requirements for the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then such benefits will be received under this the Plan in the form of a Qualified Joint and Survivor Annuity, unless the Participant has elected otherwise during the election period. The election period , which must begin at least 6 six months before the Participant attains qualified early retirement age and end not more than 90 days before the commencement of benefits. Any election hereunder will be in writing and may be changed by the Participant at any time.
(2) Election of early survivor annuity - annuity. A Participant who is employed after attaining the qualified early retirement age will be given the opportunity to elect, elect during the election period, period to have a survivor annuity payable on death. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period begins on the later of (Ai) the 90th day before the Participant attains the qualified early retirement age, or (Bii) the date on which participation begins, and ends on the date the Participant terminates employment.
(3) For purposes of this Section 9.07(d):
(A) Qualified Early Retirement Age 10.6, qualified early retirement age is the latest of:
(i) The of the earliest date, date under the Plan, Plan on which the Participant may elect to receive retirement Retirement benefits,
(ii) The , the first day of the 120th month beginning before the Participant reaches Normal Retirement Agenormal retirement age, or
(iii) The or the date the Participant begins participation.
(B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.
Appears in 1 contract
Sources: 401(k) and Profit Sharing Plan Agreement (Earthlink Inc)
Transitional Rules. Notwithstanding the general effective dates provided in this Plan and this Article, the provisions of this Article shall also apply to the Participants described in this Section.
(a) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous Sections of this Article must be given the opportunity to elect to have the prior Sections of this Article apply if such Participant is credited with at least one hour Hour of service Service under this Plan or a predecessor plan in a Plan Year beginning on or after January 1, 1976, and such Participant had at least 10 years of vesting service when he or she separated from service.
(b) Any living Participant not receiving benefits on August 23, 1984, who was credited with at least one hour Hour of service Service under this Plan Plan, or a predecessor Plan plan on or after September 2, 1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 1976, must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(dsubsection (d) of this ArticleSection.
(c) The respective opportunities to elect (as described in Sections 9.07(asubsections (a) and (b) above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, and ending on the date benefits would otherwise commence to said Participants.
(d) Any Participant who has elected pursuant to Section 9.07(bsubsection (b) of this Article and any Participant who does not elect under Section 9.07(asubsection (a) or who meets the requirements of Section 9.07(asubsection (a) except that such Participant does not have at least 10 years Years of vesting service Service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements if benefits would have been payable in the form of a life annuity:.
(1i) Automatic Joint joint and Survivor Annuity - survivor annuity. If benefits in the form of a life annuity become payable to a married Participant who:
(A1) Begins begins to receive payments under the Plan on or after Normal Retirement Age; or;
(B2) Dies dies on or after Normal Retirement Age while still working for the Employer; or
(C3) Begins begins to receive payments on or after the qualified early retirement age; or
(D4) Separates separates from service on or after attaining Normal Retirement Age (or the qualified early retirement age) and after satisfying the eligibility requirements for the payment of benefits under the their Plan and thereafter dies before beginning to receive such benefits; then such benefits will be received under this Plan in the form of a Qualified Joint and Survivor Annuity, unless the Participant has elected otherwise during the election period. The election period must begin at least 6 months before the Participant attains qualified early retirement age and end not more than 90 days before the commencement of benefits. Any election hereunder will be in writing and may be changed by the Participant at any time.
(2) Election of early survivor annuity - A Participant who is employed after attaining the qualified early retirement age will be given the opportunity to elect, during the election period, to have a survivor annuity payable on death. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period begins on the later of (A) the 90th day before the Participant attains the qualified early retirement age, or (B) the date on which participation begins, and ends on the date the Participant terminates employment.
(3) For purposes of this Section 9.07(d):
(A) Qualified Early Retirement Age is the latest of:
(i) The earliest date, under the Plan, on which the Participant may elect to receive retirement benefits,
(ii) The first day of the 120th month beginning before the Participant reaches Normal Retirement Age, or
(iii) The date the Participant begins participation.
(B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.
Appears in 1 contract
Transitional Rules. (a) Any living Participant not receiving benefits on August 23, 1984, who would otherwise not receive the benefits prescribed by the previous Sections sections of this Article must be given the opportunity to elect to have the prior Sections sections of this Article apply if such Participant is credited with at least one hour (1) Hour of service Service under this Plan or a predecessor plan in a Plan Year beginning on or after January 1, 1976, and such Participant had at least 10 ten (10) years of vesting service when he or she separated from service.
(b) Any living Participant not receiving benefits on August 23, 1984, who was credited with at least one hour Hour of service Service under this Plan or a predecessor Plan plan on or after September 2, 1974, and who is not otherwise credited with any service in a Plan Year beginning on or after January 1, 1976, must be given the opportunity to have his or her benefits paid in accordance with Section 9.07(dsubsection (d) of this Article.
(c) The respective opportunities to elect (as described in Sections 9.07(aparagraphs (a) and (b) ), above) must be afforded to the appropriate Participants during the period commencing on August 23, 1984, and ending on the date benefits would otherwise commence to said Participants.
(d) Any Participant who has elected pursuant to Section 9.07(bparagraph (b) of this Article Section and any Participant who does not elect under Section 9.07(aparagraph (a) or who meets the requirements of Section 9.07(aparagraph (a) except that such Participant does not have at least 10 ten (10) years of vesting service when he or she separates from service, shall have his or her benefits distributed in accordance with all of the following requirements if benefits would have been payable in the form of a life annuity:
(1) Automatic Joint joint and Survivor Annuity - survivor annuity. If benefits in the form of a life annuity become payable to a married Participant who:
(A) Begins begins to receive payments under the Plan on or after Normal Retirement Age; or
(B) Dies dies on or after Normal Retirement Age while still working for the Employer; , or
(C) Begins begins to receive payments on or after the qualified early retirement age; or
(D) Separates separates from service on or after attaining Normal Retirement Age (or the qualified early retirement age) and after satisfying the eligibility requirements for the payment of benefits under the Plan and thereafter dies before beginning to receive such benefits; then such benefits will be received under this Plan in the form of a Qualified Joint qualified joint and Survivor Annuitysurvivor annuity, unless the Participant has elected otherwise during the election period. The election period must begin at least 6 six (6) months before the Participant attains qualified early retirement age and end not more than 90 ninety (90) days before the commencement of benefits. Any election hereunder will be in writing and may be changed by the Participant at any time.
(2) Election of early survivor annuity - A Participant who is employed after attaining the qualified early retirement age will be given the opportunity to elect, during the election period, to have a survivor annuity payable on death. If the Participant elects the survivor annuity, payments under such annuity must not be less than the payments which would have been made to the spouse under the Qualified Joint and Survivor Annuity if the Participant had retired on the day before his or her death. Any election under this provision will be in writing and may be changed by the Participant at any time. The election period begins on the later of (A) the 90th day before the Participant attains the qualified early retirement age, or (B) the date on which participation begins, and ends on the date the Participant terminates employment.
(3) For purposes of this Section 9.07(d):
(A) Qualified Early Retirement Age is the latest of:
(i) The earliest date, under the Plan, on which the Participant may elect to receive retirement benefits,
(ii) The first day of the 120th month beginning before the Participant reaches Normal Retirement Age, or
(iii) The date the Participant begins participation.
(B) Qualified Joint and Survivor Annuity is an annuity for the life of the Participant with a survivor annuity for the life of the spouse as described in Section 14.51 of the Plan.
Appears in 1 contract
Sources: Master Self Employed Retirement Plan Adoption Agreement (Investors Research Fund Inc)