Common use of Assignments Prohibited Clause in Contracts

Assignments Prohibited. No principal or income payable or to become payable from the Trust Fund shall be subject to anticipation or assignment by a Participant, former Participant or Beneficiary to attachment by, interference with, or control of any creditor of a Participant, former Participant or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a Participant, former Participant, or Beneficiary prior to its actual receipt by the Participant, former Participant or Beneficiary. Any attempted conveyance, transfer, assignment, mortgage, pledge, or encumbrance of any Trust assets, any part of it, or any interest in it by a Participant, former Participant or Beneficiary prior to distribution shall be void, whether that conveyance, transfer, assignment, mortgage, pledge, or encumbrance is intended to take place or become effective before or after any distribution of Trust assets or the termination of the Trust itself. The Trustee shall never under any circumstances be required to recognize any conveyance, transfer, assignment, mortgage, pledge or encumbrance by a Participant , former Participant, or Beneficiary of the Trust, any part of it, or any interest in it, or to pay any money or thing of value to any creditor or assignee of a Participant, former Participant or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a Participant’s Account shall not apply to a Qualified Domestic Relations Order or to a voluntary revocable assignment of benefits not in excess of ten percent of the amount of any payment from the Plan if such assignment complies with Regulations issued under section 401(a)(13) of the Code. Further, effective for judgments, orders and decrees issued, and settlement agreements entered into, on or after August 5, 1997, these prohibitions shall not apply to any offset of a Participant’s or former Participant’s benefits provided under a Plan against an amount that the Participant or former Participant is ordered or required to pay to the Plan if—(a) the order or requirement to pay arises—(1) under a judgment of conviction for a crime involving the Plan, (2) under a civil judgment (including a consent order or decree) entered by a court in an action brought in connection with an alleged violation of part 4 of subtitle B of title I of ERISA, or (3) pursuant to a settlement agreement between the Secretary of Labor and the Participant or former Participant in connection with a violation (or alleged violation) of part 4 of subtitle B of ERISA by a fiduciary or any other person, and (b) the judgment, order, decree, or settlement agreement expressly provides for the offset of all or part of the amount ordered or required to be paid to the Plan against the Participant’s or former Participant’s benefits provided under the Plan.

Appears in 3 contracts

Samples: Quanex Corporation Employees (Quanex Corp), Quanex Corporation Employee Savings Plan (Quanex Corp), Quanex Corp

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Assignments Prohibited. No principal or income payable or to become payable from the Trust Fund assets shall be subject to anticipation or assignment by a ParticipantMember, former Participant Member, or by a Beneficiary to attachment by, interference with, or control of any creditor of a ParticipantMember, former Participant Member, or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a ParticipantMember, former ParticipantMember, or Beneficiary prior to its actual receipt by the ParticipantMember, former Participant Member, or Beneficiary. Any attempted conveyance, transfer, assignment, mortgage, pledge, or encumbrance of any Trust assets, any part of it, or any interest in it by a ParticipantMember, former Participant Member, or Beneficiary prior to distribution shall be void, whether that conveyance, transfer, assignment, mortgage, pledge, or encumbrance is intended to take place or become effective before or after any distribution of Trust assets or the termination of the Trust itself. The Trustee shall never under any circumstances be required to recognize any conveyance, transfer, assignment, mortgage, pledge or encumbrance by a Participant Member, former ParticipantMember, or Beneficiary of the Trust, any part of it, or any interest in it, or to pay any money or thing of value to any creditor or assignee of a ParticipantMember, former Participant Member, or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a Participant’s Member's Account shall not apply to a Qualified Domestic Relations Order or to a voluntary revocable assignment of benefits not in excess of ten percent of the amount of any payment from the Plan if such assignment complies with Regulations issued under section 401(a)(13) of the Code. Further, effective for judgments, orders and decrees issued, and settlement agreements entered into, on or after August 5, 1997, these prohibitions shall not apply to any offset of a Participant’s or former Participant’s benefits provided Member's benefit under a the Plan against an amount that the Participant Member or former Participant Member is ordered or required to pay to the Plan if—(aif (a) the order or requirement to pay arises—(1arises (1) under a judgment of conviction for a crime involving the Plan, (2) under a civil judgment (including a consent order or decree) entered by a court in an action brought in connection with an alleged violation of part 4 of subtitle B of title I of ERISA, or (3) is pursuant to a settlement agreement between the Secretary of Labor and the Participant Member or former Participant Member in connection with a an alleged violation (or alleged violation) of part 4 of subtitle B of title I of ERISA by a fiduciary or any other person, person and (b) the judgment, order, decree, decree or settlement agreement expressly provides for the offset of all or a part of the amount ordered or required to be paid to the Plan against the Participant’s Member's or former Participant’s Member's benefits provided under the Plan.

Appears in 3 contracts

Samples: Mens Wearhouse Inc, Mens Wearhouse Inc, Mens Wearhouse Inc

Assignments Prohibited. No principal or income payable or to become payable from the Trust Fund shall be subject to anticipation or assignment by a Participant, former Participant Member or by a Beneficiary to attachment by, interference with, or control of any creditor of a Participant, former Participant Member or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a Participant, former Participant, Member or Beneficiary prior to its actual receipt by the Participant, former Participant Member or Beneficiary. Any attempted conveyance, transfer, assignment, mortgage, pledge, or encumbrance of any Trust assetsthe Trust, any part of it, or any interest in it by a Participant, former Participant Member or Beneficiary prior to distribution shall be void, whether that conveyance, transfer, assignment, mortgage, pledge, or encumbrance is intended to take place or become effective before or after any distribution of Trust assets or the termination of the Trust itself. The Trustee shall never under any circumstances be required to recognize any conveyance, transfer, assignment, mortgage, pledge or encumbrance by a Participant , former Participant, Member or Beneficiary of the Trust, any part of it, or any interest in it, or to pay any money or thing of value to any creditor or assignee of a Participant, former Participant Member or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a Participant’s Member's Account shall not apply to a Qualified Domestic Relations Order or to a voluntary revocable assignment of benefits not in excess of ten percent of the amount of any payment from the Plan if such assignment complies with Regulations issued under section 401(a)(13) of the Code. Further, effective for judgments, orders and decrees issued, and settlement agreements entered into, on or after August 5, 1997, these prohibitions shall not apply to any offset of a Participant’s or former Participant’s benefits provided Member's benefit under a the Plan against an amount that the Participant or former Participant Member is ordered or required to pay to the Plan if—(aif (a) the order or requirement to pay arises—(1(1) arises under a judgment of conviction for a crime involving the Plan, (2) arises under a civil judgment (including a consent order or decree) entered by a court in an action brought in connection with an alleged violation of part 4 of subtitle B of title I of ERISA, or (3) is pursuant to a settlement agreement between the Secretary of Labor and the Participant or former Participant Member in connection with a an alleged violation (or alleged violation) of part 4 of subtitle B of title I of ERISA by a fiduciary or any other person, person and (b) the judgment, order, decree, decree or settlement agreement expressly provides for the offset of all or a part of the amount ordered or required to be paid to the Plan against the Participant’s or former Participant’s Member's benefits provided under the Plan.

Appears in 2 contracts

Samples: Kaneb Services LLC, Kaneb Services LLC

Assignments Prohibited. No principal or income payable or to become payable from the Trust Fund assets shall be subject to anticipation or assignment by a ParticipantMember, former Participant Member, or by a Beneficiary to attachment by, interference with, or control of any creditor of a ParticipantMember, former Participant Member, or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a ParticipantMember, former ParticipantMember, or Beneficiary prior to its actual receipt by the ParticipantMember, former Participant Member, or Beneficiary. Any attempted conveyance, transfer, assignment, mortgage, pledge, or encumbrance of any Trust assets, any part of it, or any interest in it by a ParticipantMember, former Participant Member, or Beneficiary prior to distribution shall be void, whether that conveyance, transfer, assignment, mortgage, pledge, or encumbrance is intended to take place or become effective before or after any distribution of Trust assets or the termination of the Trust itself. The Trustee shall never under any circumstances be required to recognize any conveyance, transfer, assignment, mortgage, pledge or encumbrance by a Participant Member, former ParticipantMember, or Beneficiary of the Trust, any part of it, or any interest in it, or to pay any money or thing of value to any creditor or assignee of a ParticipantMember, former Participant Member, or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a ParticipantMember’s Account shall not apply to a Qualified Domestic Relations Order or to a voluntary revocable assignment of benefits not in excess of ten percent of the amount of any payment from the Plan if such assignment complies with Regulations issued under section 401(a)(13) of the Code. Further, effective for judgments, orders and decrees issued, issued and settlement agreements entered into, on or and after August 5, 1997, these prohibitions shall not apply to any offset of a ParticipantMember’s or former Participant’s benefits provided benefit under a the Plan against an amount that the Participant Member or former Participant Member is ordered or required to pay to the Plan if—(aif (a) the order or requirement to pay arises—(1(1) arises under a judgment of conviction for a crime involving the Plan, (2) arises under a civil judgment (including a consent order or decree) entered by a court in an action brought in connection with a violation or an alleged violation of part 4 of subtitle B of title I of ERISA, or (3) is pursuant to a settlement agreement between the Secretary of Labor and the Participant Member or former Participant Member in connection with a an alleged violation (or alleged violation) of part 4 of subtitle B of title I of ERISA by a fiduciary or any other person, person and (b) the judgment, order, decree, decree or settlement agreement expressly provides for the offset of all or a part of the amount ordered or required to be paid to the Plan against the ParticipantMember’s or former ParticipantMember’s benefits provided under the Plan.

Appears in 1 contract

Samples: Agreement (Mens Wearhouse Inc)

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Assignments Prohibited. No principal or income payable or to become payable from the Trust Fund shall be subject to anticipation or assignment by a Participant, former Participant or Beneficiary to attachment by, interference with, or control of any creditor of a Participant, former Participant or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a Participant, former Participant, Participant or Beneficiary prior to its actual receipt by the Participant, former Participant or Beneficiary. Any attempted conveyance, transfer, assignment, mortgage, pledge, or encumbrance of any Trust assetsthe Trust, any part of it, or any interest in it by a Participant, former Participant or Beneficiary prior to distribution shall be void, whether that conveyance, transfer, assignment, mortgage, pledge, or encumbrance is intended to take place or become effective before or after any distribution of Trust assets or the termination of the Trust itself. The Trustee shall never under any circumstances be required to recognize any conveyance, transfer, assignment, mortgage, pledge or encumbrance by a Participant Participant, former Participant, Participant or Beneficiary of the Trust, any part of it, or any interest in it, or to pay any money or thing of value to any creditor or assignee of a Participant, former Participant or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a Participant’s or former Participant’s Account shall not apply to a Qualified Domestic Relations Order QDRO or to a voluntary revocable assignment of benefits not in excess of ten percent of the amount of any payment from the Plan if such assignment complies with Regulations issued under section 401(a)(13) of the Code. Further, effective for judgments, orders and decrees issued, and settlement agreements entered into, on or after August 5, 1997, these prohibitions shall not apply to any offset of a Participant’s or former Participant’s benefits provided benefit under a the Plan against an amount that the Participant or former Participant is ordered or required to pay to the Plan if—(aif (a) the order or requirement to pay arises—(1(1) arises under a judgment of conviction for a crime involving the Plan, (2) arises under a civil judgment (including a consent order or decree) entered by a court in an action brought in connection with a violation or an alleged violation of part 4 of subtitle B of title I of ERISA, or (3) is pursuant to a settlement agreement between the Secretary of Labor and the Participant or former Participant in connection with a an alleged violation (or alleged violation) of part 4 of subtitle B of title I of ERISA by a fiduciary or any other person, person and (b) the judgment, order, decree, decree or settlement agreement expressly provides for the offset of all or a part of the amount ordered or required to be paid to the Plan against the Participant’s or former Participant’s benefits provided under the Plan.

Appears in 1 contract

Samples: Furmanite Corp

Assignments Prohibited. No principal or income payable or to become payable from the Trust Fund shall be subject to anticipation or assignment by a ParticipantMember, former Participant Member or Beneficiary to attachment by, interference with, or control of any creditor of a ParticipantMember, former Participant Member or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a ParticipantMember, former Participant, Member or Beneficiary prior to its actual receipt by the ParticipantMember, former Participant Member or Beneficiary. Any attempted conveyance, transfer, assignment, mortgage, pledge, or encumbrance of any Trust assetsthe Trust, any part of it, or any interest in it by a ParticipantMember, former Participant Member or Beneficiary prior to distribution shall be void, whether that conveyance, transfer, assignment, mortgage, pledge, or encumbrance is intended to take place or become effective before or after any distribution of Trust assets or the termination of the Trust itself. The Trustee shall never under any circumstances be required to recognize any conveyance, transfer, assignment, mortgage, pledge or encumbrance by a Participant Member, former Participant, Member or Beneficiary of the Trust, any part of it, or any interest in it, or to pay any money or thing of value to any creditor or assignee of a ParticipantMember, former Participant Member or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a ParticipantMember’s or former Member’s Account shall not apply to a Qualified Domestic Relations Order or to a voluntary revocable assignment of benefits not in excess of ten percent of the amount of any payment from the Plan if such assignment complies with Regulations issued under section 401(a)(13) of the Code. Further, effective for judgments, orders and decrees issued, and settlement agreements entered into, on or after August 5, 1997, these prohibitions shall not apply to any offset of a ParticipantMember’s or former ParticipantMember’s benefits provided benefit under a the Plan against an amount that the Participant Member or former Participant Member is ordered or required to pay to the Plan if—(aif (a) the order or requirement to pay arises—(1(1) arises under a judgment of conviction for a crime involving the Plan, (2) arises under a civil judgment (including a consent order or decree) entered by a court in an action brought in connection with a violation or an alleged violation of part 4 of subtitle B of title I of ERISA, or (3) is pursuant to a settlement agreement between the Secretary of Labor and the Participant Member or former Participant Member in connection with a an alleged violation (or alleged violation) of part 4 of subtitle B of title I of ERISA by a fiduciary or any other person, person and (b) the judgment, order, decree, decree or settlement agreement expressly provides for the offset of all or a part of the amount ordered or required to be paid to the Plan against the ParticipantMember’s or former ParticipantMember’s benefits provided under the Plan.

Appears in 1 contract

Samples: Mens Wearhouse Inc

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