Unforeseeable Emergency Distributions Clause Samples

Unforeseeable Emergency Distributions. In the event of an unforeseeable emergency either prior to or subsequent to the commencement of benefits under this Plan, a participant may request an immediate payment of benefits to the extent reasonably needed to relieve the unforeseeable emergency. For purposes of this Section 8, an unforeseeable emergency is a severe financial hardship to the participant resulting from a sudden and unexpected illness or accident of the participant or of the participant's dependent (as defined in Code section 152(a)), loss of the participant's property due to casualty, or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant. Payment of benefits may not be made to the extent that the hardship is or may be relieved: (1) through reimbursement or compensation by insurance or otherwise, (2) by liquidation of the participant's assets (to the extent such liquidation would not itself cause severe financial hardship), or (3) by cessation of deferrals under the Plan. The determination of whether or not an unforeseeable emergency exists, whether or not benefits may be properly paid to relieve such emergency, and the actual amount of such benefits to be paid, will be made by the contract administrator engaged by the Trust Committee of the Master Trust for the Deferred Compensation Plans Maintained by NTCA and Its Members. No payment of benefits pursuant to this Section 8 shall exceed the amount credited to a participant's account as of the date of such payment. In addition, the payment of benefits pursuant to this Section 8 shall reduce, by the amount of such payment, the amount credited to a participant's account. For purposes of this Section 8, the term "participant" shall mean, after the death of the participant, the designated beneficiary of the participant, or, if none, his or her surviving spouse, or, if no surviving spouse, his or her estate.

Unforeseeable Emergency Distributions. Upon a finding that a Participant has suffered an unforeseeable emergency, the Committee may, in its sole discretion, allow a distribution from the Participant’s vested Deferred Compensation Account prior to the time specified for payment of benefits under the Plan. An “unforeseeable emergency” is an unanticipated emergency that is caused by an event beyond the control of the participant and that would result in severe financial hardship to the Participant if early withdrawal were not permitted. The amount of such distribution shall be limited to the amount reasonably necessary to meet the Participant’s emergency. Following an emergency distribution, a Participant’s Deferred Compensation Agreement will be canceled and no further Compensation may be deferred for the remainder of the Plan Year.

Unforeseeable Emergency Distributions. The Participant may request a withdrawal from his Account in the event that they incur an “unforeseeable emergency”. An “unforeseeable emergency” means a severe financial hardship of the Participant or their Beneficiary resulting from an illness or accident of the Participant or their Beneficiary, the Participant’s or Beneficiary’s Spouse, or the Participant’s or Beneficiary’s dependent (as defined in Code Section 152, without regard to Code Section 152(b)(1), (b)(2) and (d)(1)(B)); loss of the Participant’s or Beneficiary’s property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowner’s insurance, such as damage that is the result of a natural disaster); or other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant or the Beneficiary. For example, the imminent foreclosure of or eviction from the Participant’s or Beneficiary’s primary residence may constitute an unforeseeable emergency. In addition, the need to pay for medical expenses, including nonrefundable deductibles, as well as for the cost of prescription drug medication, may constitute an unforeseeable emergency. Finally, the need to pay for the funeral expenses of a Spouse or a dependent (as defined in Code Section 152, without regard to Code Section 152(b)(1), (b)(2) and (d)(1)(B)) of a Participant or Beneficiary may also constitute an unforeseeable emergency. Except as otherwise specifically provided in this Section, the purchase of a home and the payment of college tuition are not unforeseeable emergencies under this Section. The Committee, or its delegate, in its sole discretion will determine, based on the relevant facts and circumstances, whether a Participant or Beneficiary is faced with an unforeseeable emergency permitting distribution under this Section and if so, the amount necessary to satisfy the emergency need, but in any case, no distribution on account of unforeseeable emergency may be made under this Section to the extent that such emergency is or can be relieved: (a) through reimbursement or compensation from insurance or otherwise; (b) by liquidation of the Participant's assets, to the extent the liquidation of such assets would not itself cause severe financial hardship; or (c) by cessation of salary reduction contributions under the Plan. A Participant or Beneficiary has no right to any unforeseeable emergency distribution under this Section, even...

Unforeseeable Emergency Distributions. Upon a finding that a Participant has suffered an unforeseeable emergency, the Committee may, in its sole discretion, allow a distribution from the Participant’s Deferred Compensation Account prior to the time specified for payment of benefits under the Plan. An “unforeseeable emergency” is a severe financial hardship to the Participant resulting from an illness or accident of the Participant, the Participant’s spouse, Beneficiary or dependent (as defined in Section 152 of the Code without regard to Section 152(b)(1), (b)(2) and (d)(1)(B)); loss of the Participant’s property due to casualty (including the need to rebuild a home following damage not otherwise covered by insurance); or other similar or unforeseeable circumstances arising as a result of events beyond the control of the Participant. A distribution on account of an unforeseeable emergency may not be made to the extent that such emergency is or may be relieved through reimbursement or compensation from insurance or otherwise, by liquidation of the 7

Unforeseeable Emergency Distributions. Upon a finding that a Participant has suffered an unforeseeable emergency, the Committee may, in its sole discretion, allow a distribution from the Participant’s Deferred Compensation Account prior to the time specified for payment of benefits under the Plan. An “unforeseeable emergency” is a severe financial hardship to the Participant resulting from an illness or accident of the Participant, the Participant’s spouse, Beneficiary or dependent (as defined in Section 152 of the Code without regard to Section 152(b)(1), (b)(2) and (d)(1)(B)); loss of the Participant’s property due to casualty (including the need to rebuild a home following damage not otherwise covered by insurance); or other similar or unforeseeable circumstances arising as a result of events beyond the control of the Participant. A distribution on account of an unforeseeable emergency may not be made to the extent that such emergency is or may be relieved through reimbursement or compensation from insurance or otherwise, by liquidation of the Participant’s assets, to the extent the liquidation of such assets would not cause severe financial hardship, or by cessation of deferrals under the Plan. A distribution because of an unforeseeable emergency must be limited to the amount reasonably necessary to satisfy the emergency need (which may include amounts necessary to pay any federal, state, local or foreign income taxes or penalties reasonably anticipated to result from the distribution). Following an emergency distribution, a Participant’s Deferred Compensation Agreement will be canceled and no further Compensation may be deferred for the remainder of the Plan Year.