Common use of Circumstances Under Which Spousal Consent Not Required Clause in Contracts

Circumstances Under Which Spousal Consent Not Required. Spousal consent to any election or designation by a Participant under the Plan shall not be required if the Participant establishes to the satisfaction of the Plan Administrator that such written consent may not be obtained because there is no Spouse, the Spouse cannot be located, the Participant is legally separated or the Participant has been abandoned (within the meaning of local law) and the Participant has a court order to that effect (unless a qualified domestic relations order, within the meaning of Code Section 414(p), provides otherwise), or because of such other circumstances as the Secretary may prescribe by regulation, notice or otherwise. In addition, a Spouse’s consent shall not be required where the Spouse is legally incompetent to provide such consent. In such a case, the Spouse’s legal guardian may provide the required consent, even if that legal guardian is the Participant.

Appears in 3 contracts

Samples: Contribution Plan and Trust (Triad Guaranty Inc), Non Standardized (Atlas America Inc), Comstock Resources Inc

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Circumstances Under Which Spousal Consent Not Required. Spousal consent to any election or Beneficiary designation by a Participant under the Plan shall not be required if the Participant establishes to the satisfaction of the Plan Administrator that such written consent may not be obtained because there is no Spouse, the Spouse cannot be located, the Participant is legally separated or the Participant has been abandoned (within the meaning of local law) and the Participant has a court order to that effect (unless a qualified domestic relations order, within the meaning of Code Section 414(p), provides otherwise), or because of such other circumstances as the Secretary may prescribe by regulation, notice or otherwise. In addition, a Spouse’s consent shall not be required where the Spouse is legally incompetent to provide such consent. In such a case, the Spouse’s legal guardian may provide the required consent, consent even if that legal guardian is the Participant.

Appears in 1 contract

Samples: Non Standardized (Atlas America Inc)

Circumstances Under Which Spousal Consent Not Required. Spousal consent to any election or Beneficiary designation by a Participant under the Plan shall not be required if the Participant establishes to the satisfaction of the Plan Administrator that such written consent may not be obtained because there is no Spouse, the Spouse cannot be located, the Participant is legally separated or the Participant has been abandoned (within the meaning of local law) and the Participant has a court order to that effect (unless a qualified domestic relations order, within the meaning of Code Section 414(p), provides otherwise), or because of such other circumstances as the Secretary may prescribe by regulation, notice or otherwise. In addition, a 69 Spouse’s consent shall not be required where the Spouse is legally incompetent to provide such consent. In such a case, the Spouse’s legal guardian may provide the required consent, even if that legal guardian is the Participant.

Appears in 1 contract

Samples: Comstock Resources Inc

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Circumstances Under Which Spousal Consent Not Required. Spousal consent to any election or Beneficiary designation by a Participant under the Plan shall not be required if the Participant establishes to the satisfaction of the Plan Administrator that such written consent may not be obtained because there is no Spouse, the Spouse cannot be located, the Participant is legally separated or the Participant has been abandoned (within the meaning of local law) and the Participant has a court order to that effect (unless a qualified domestic relations order, within the meaning of Code Section 414(p), provides otherwise), or because of such other circumstances as the Secretary may prescribe by regulation, notice or otherwise. In addition, a Spouse’s consent shall not be required where the Spouse is legally incompetent to provide such consent. In such a case, the Spouse’s legal guardian may provide the required consent, even if that legal guardian is the Participant.

Appears in 1 contract

Samples: Contribution Plan and Trust (Triad Guaranty Inc)

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