Assignments Prohibited. No principal or income payable or to become payable from the Trust assets shall be subject to anticipation or assignment by a Member, former Member, or by a Beneficiary to attachment by, interference with, or control of any creditor of a Member, former Member, or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a Member, former Member, or Beneficiary prior to its actual receipt by the Member, former 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 Member, former 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 Member, former 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 Member, former Member, or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a 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 401(a)(13) of the Code. Further, these prohibitions shall not apply to any offset of a Member's benefit under the Plan against an amount that the Member or former Member 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 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 Member or former Member in connection with an alleged violation of part 4 of subtitle B of title I 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 a part of the amount ordered or required to be paid to the Plan against the Member's or former Member's benefits provided under the Plan.
Appears in 3 contracts
Samples: 401(k) Savings Plan Amendment and Restatement (Mens Wearhouse Inc), 401(k) Savings Plan Amendment and Restatement (Mens Wearhouse Inc), 401(k) Savings Plan (Mens Wearhouse Inc)
Assignments Prohibited. No principal or income payable or to become payable from the Trust assets Fund shall be subject to anticipation or assignment by a MemberParticipant, former Member, Participant or by a Beneficiary to attachment by, interference with, or control of any creditor of a MemberParticipant, former Member, Participant or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a MemberParticipant, former MemberParticipant, or Beneficiary prior to its actual receipt by the MemberParticipant, former Member, 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 MemberParticipant, former Member, 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 MemberParticipant , former MemberParticipant, 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 MemberParticipant, former Member, Participant or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a Member's 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 Member's benefit Participant’s or former Participant’s benefits provided under the a Plan against an amount that the Member Participant or former Member Participant 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 Member Participant or former Member Participant in connection with an a violation (or alleged violation 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 Member's Participant’s or former Member's Participant’s benefits provided under the Plan.
Appears in 3 contracts
Samples: 401(k) Savings Plan (Quanex Corp), 401(k) Savings Plan (Quanex Corp), Employee Savings Plan (Quanex Corp)
Assignments Prohibited. No principal or income payable or to become payable from the Trust assets Fund shall be subject to anticipation or assignment by a MemberParticipant, former Member, Participant or by a Beneficiary to attachment by, interference with, or control of any creditor of a MemberParticipant, former Member, Participant or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a MemberParticipant, former MemberParticipant, or Beneficiary prior to its actual receipt by the MemberParticipant, former Member, 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 MemberParticipant, former Member, 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 MemberParticipant , former MemberParticipant, 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 MemberParticipant, former Member, Participant or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a MemberParticipant'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 MemberParticipant's benefit or former Participant's benefits provided under the a Plan against an amount that the Member Participant or former Member Participant 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 Member Participant or former Member Participant in connection with an a violation (or alleged violation 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 MemberParticipant's or former MemberParticipant's benefits provided under the Plan.
Appears in 2 contracts
Samples: 401(k) Savings Plan Amendment and Restatement (Quanex Corp), Employee Savings Plan (Quanex Corp)
Assignments Prohibited. No principal or income payable or to become payable from the Trust assets shall be subject to anticipation or assignment by a Member, former Member, Member or by a Beneficiary to attachment by, interference with, or control of any creditor of a Member, former Member, Member or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a Member, former Member, Member or Beneficiary prior to its actual receipt by the Member, former Member, 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 Member, former Member, 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 Member, former Member, 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 Member, former Member, Member or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a 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, these prohibitions shall not apply to any offset of a Member's benefit under the Plan against an amount that the Member or former Member is ordered or required to pay to the Plan if (a) the order or requirement to pay arises (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 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 Member or former Member in connection with an alleged violation of part 4 of subtitle B of title I 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 a part of the amount ordered or required to be paid to the Plan against the Member's or former Member's benefits provided under the Plan.
Appears in 2 contracts
Samples: 401(k) Savings Plan (Kaneb Services LLC), 401(k) Savings Plan (Kaneb Services LLC)
Assignments Prohibited. No principal or income payable or to become payable from the Trust assets shall be subject to anticipation or assignment by a Member, former Member, Member or by a Beneficiary to attachment by, interference with, or control of any creditor of a Member, former Member, Member or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a Member, former Member, Member or Beneficiary prior to its actual receipt by the Member, former Member, 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 Member, former Member, 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 Member, former Member, 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 Member, former Member, Member or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a Member's ’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 Member's ’s or former Member’s benefit under the Plan against an amount that the Member or former Member is ordered or required to pay to the Plan if (a) the order or requirement to pay arises (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 Member or former Member in connection with an alleged violation of part 4 of subtitle B of title I 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 a part of the amount ordered or required to be paid to the Plan against the Member's ’s or former Member's ’s benefits provided under the Plan.
Appears in 1 contract
Assignments Prohibited. No principal or income payable or to become payable from the Trust assets shall be subject to anticipation or assignment by a MemberParticipant, former Member, Participant or by a Beneficiary to attachment by, interference with, or control of any creditor of a MemberParticipant, former Member, Participant or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a MemberParticipant, former Member, Participant or Beneficiary prior to its actual receipt by the MemberParticipant, former Member, 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 MemberParticipant, former Member, 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 MemberParticipant, former Member, 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 MemberParticipant, former Member, Participant or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a Member's 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 Member's Participant’s or former Participant’s benefit under the Plan against an amount that the Member Participant or former Member Participant is ordered or required to pay to the Plan if (a) the order or requirement to pay arises (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 Member Participant or former Member Participant in connection with an alleged violation of part 4 of subtitle B of title I 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 a part of the amount ordered or required to be paid to the Plan against the Member's Participant’s or former Member's Participant’s benefits provided under the Plan.
Appears in 1 contract
Assignments Prohibited. No principal or income payable or to become payable from the Trust assets shall be subject to anticipation or assignment by a Member, former Member, or by a Beneficiary to attachment by, interference with, or control of any creditor of a Member, former Member, or Beneficiary; or to being taken or reached by any legal or equitable process in satisfaction of any debt or liability of a Member, former Member, or Beneficiary prior to its actual receipt by the Member, former 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 Member, former 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 Member, former 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 Member, former Member, or Beneficiary for any cause whatsoever. These prohibitions against the alienation of a Member's ’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 401(a)(13) of the Code. Further, effective for judgments, orders and decrees issued and settlement agreements entered into, on and after August 5, 1997, these prohibitions shall not apply to any offset of a Member's ’s benefit under the Plan against an amount that the Member or former Member is ordered or required to pay to the Plan if (a) the order or requirement to pay arises (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 Member or former Member in connection with an alleged violation of part 4 of subtitle B of title I 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 a part of the amount ordered or required to be paid to the Plan against the Member's ’s or former Member's ’s benefits provided under the Plan.
Appears in 1 contract