Death of Participant Before Distributions Begin. If the Participant dies before distribution is made (and before the Required Beginning Date), the Participant’s entire interest will be distributed no later than as follows (1) If the Participant’s surviving spouse is a designated Beneficiary, the portion of the Participant’s interest in the Plan that is distributable to such surviving spouse shall be distributed in a single lump sum payment not later than the later of (A) December 31 of the calendar year containing the fifth anniversary of the Participant’s death or (B) December 31 of the calendar year in which the Participant would have attained age 70½. (2) Any portion of the Participant’s interest in the Plan that is not distributable to a designated Beneficiary who is the Participant’s surviving spouse shall be distributed in a single lump sum payment to the Beneficiary entitled thereto not later than December 31 of the calendar year containing the fifth anniversary of the Participant’s death. (3) If the Participant’s surviving spouse is the Participant’s sole designated Beneficiary and the surviving spouse dies after the Participant but before distribution to the surviving spouse has been made or required to have been made, this paragraph (d)(ii), other than subparagraph (d)(ii)(1), shall apply as if the surviving spouse were the Participant.
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Samples: Employee Stock Ownership Plan and Trust Agreement (Starrett L S Co)
Death of Participant Before Distributions Begin. If the Participant dies before distribution is made (and before the Required Beginning Date)distributions begin, the Participant’s entire interest will be distributed distributed, or begin to be distributed, no later than as follows:
(1A) If the Participant’s 's surviving spouse is a designated Beneficiary, the portion of the Participant’s interest sole Designated Beneficiary, then, except as provided in section 6.3(b) (ii) (E) below, distributions to the Plan that is distributable to such surviving spouse shall be distributed in a single lump sum payment not later than the later of (A) will begin by December 31 of the calendar year containing immediately following the fifth anniversary of calendar year in which the Participant’s death Participant died, or (B) by December 31 of the calendar year in which the Participant would have attained age 70½.70_, if later.
(2B) Any portion of the Participant’s interest in the Plan that is not distributable to a designated Beneficiary who is If the Participant’s surviving spouse shall is not the Participant’s sole Designated Beneficiary, then, except as provided in section 6.3(b) (ii) (E), distributions to the Designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.
(C) If there is no Designated Beneficiary as of September 30 of the year following the year of the Participant’s death, the Participant’s entire interest will be distributed in a single lump sum payment to the Beneficiary entitled thereto not later than by December 31 of the calendar year containing the fifth anniversary of the Participant’s 's death.
(3D) If the Participant’s surviving spouse is the Participant’s sole designated Designated Beneficiary and the surviving spouse dies after the Participant but before distribution distributions to the surviving spouse has been made or required to have been madebegin, this paragraph section 6.3(b) (d)(iiii), other than subparagraph section 6.3(b) (d)(ii)(1ii) (A), shall will apply as if the surviving spouse were the Participant. For purposes of this sections 6.3(b) (ii) and section 6.3(d), unless section 6.3(b) (ii) (D) applies, distributions are considered to begin on the Participant’s Required Beginning Date. If section 6.3(b) (ii) (D) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under section 6.3(b) (ii) (A). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant’s Required Beginning Date (or to the Participant’s surviving spouse before the date distributions are required to begin to the surviving spouse under section 6.3(b)(ii)(A)), the date distributions are considered to begin is the date distributions actually commence.
(E) Notwithstanding sections 6.3(b) (ii) and 6.3(d) (ii), Participants or beneficiaries may elect on an individual basis whether the 5-year rule or the life expectancy rule in sections 6.3(b) (ii) and 6.3(d) (ii) of the plan applies to distributions after the death of a Participant who has a designated beneficiary. The election must be made no later than the earlier of September 30 of the calendar year in which distribution would be required to begin under section 6.3(b)(ii) of the plan, or by September 30 of the calendar year which contains the fifth anniversary of the Participant’s (or, if applicable, surviving spouse’s) death. If neither the participant nor beneficiary makes an election under this paragraph, distributions will be made in accordance with sections 6.3(b) (ii) and 6.3(d) (ii) of the plan and, if applicable, the elections in section 6.3(b) above.
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Death of Participant Before Distributions Begin. If the Participant dies before distribution is made (and before the Required Beginning Date)distributions begin, the Participant’s entire interest will be distributed distributed, or begin to be distributed, no later than as followsprovided in (1) through (4) below, unless an irrevocable election is made under (5) below.
(1) If the Participant’s surviving spouse Surviving Spouse is a designated Beneficiary, the portion of the Participant’s interest in sole Designated Beneficiary, then distributions to the Plan that is distributable to such surviving spouse shall be distributed in a single lump sum payment not later than the later of (A) Surviving Spouse will begin by December 31 of the calendar year containing immediately following the fifth anniversary of calendar year in which the Participant’s death Participant died, or (B) by December 31 of the calendar year in which the Participant would have attained age 70½.70½, if later.
(2) Any portion If the Participant’s Surviving Spouse is not the Participant’s sole Designated Beneficiary, then distributions to the Designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.
(3) If there is no Designated Beneficiary as of September 30 of the year following the year of the Participant’s interest in the Plan that is not distributable to a designated Beneficiary who is death, the Participant’s surviving spouse shall entire interest will be distributed in a single lump sum payment to the Beneficiary entitled thereto not later than by December 31 of the calendar year containing the fifth anniversary of the Participant’s death.
(34) If the Participant’s surviving spouse Surviving Spouse is the Participant’s sole designated Designated Beneficiary and the surviving spouse Surviving Spouse dies after the Participant but before distribution distributions to the surviving spouse has been made or required to have been madeSurviving Spouse begin, this paragraph (d)(iiSection 5.11.4(B), other than subparagraph (d)(ii)(1Section 5.11.4(B)(1), shall will apply as if the surviving spouse Surviving Spouse were the Participant.
(5) A Participant or Beneficiary may elect on an individual basis whether the 5-year rule (under which distribution of the Participant’s entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant’s death) or the life expectancy rule in Sections 5.11.4(B) and 5.11.6(B) applies to distributions after the death of a Participant who has a Designated Beneficiary. The election must be made no later than the earlier of September 30 of the calendar year in which distributions would be required to begin under Section 5.11.4(B)(1), (2), or (4) or by September 30 of the calendar year which contains the fifth anniversary of the Participant’s (or if applicable, Surviving Spouse’s) death. If neither the Participant nor the Beneficiary makes an election under this Section 5.11.4(B)(5), distributions will be made in accordance with Sections 5.11.4.(B) and 5.11.6(B). For purposes of this Section 5.11.4.(B) and Section 5.11.6, unless Section 5.11.4(B)(4) applies, distributions are considered to begin on the Participant’s Required Beginning Date. If Section 5.11.4(B)(4) applies, distributions are considered to begin on the date distributions are required to begin to the Surviving Spouse under Section 5.11.4(B)(1). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant’s Required Beginning Date (or to the Participant’s Surviving Spouse before the date distributions are required to begin to the Surviving Spouse under Section 5.11.4(B)(1)), the date distributions are considered to begin is the date distributions actually commence.
Appears in 1 contract
Samples: Defined Contribution Plan and Trust (Triad Guaranty Inc)
Death of Participant Before Distributions Begin. If the Participant dies before distribution is made (and before the Required Beginning Date)distributions begin, the Participant’s entire interest will be distributed distributed, or begin to be distributed, no later than as follows:
(1) If the Participant’s surviving spouse is a designated Beneficiary, the portion of the Participant’s interest in sole Designated Beneficiary, distributions to the Plan that is distributable to such surviving spouse shall be distributed in a single lump sum payment not later than the later of (A) will begin by December 31 of the calendar year containing immediately following the fifth anniversary of calendar year in which the Participant’s death Participant died, or (B) by December 31 of the calendar year in which the Participant would have attained age 70½.70½, if later.
(2) Any portion of the Participant’s interest in the Plan that is not distributable to a designated Beneficiary who is If the Participant’s surviving spouse shall is not the Participant’s sole Designated Beneficiary, distributions to the Designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.
(3) If there is no Designated Beneficiary as of September 30 of the year following the year of the Participant’s death, the Participant's entire interest will be distributed in a single lump sum payment to the Beneficiary entitled thereto not later than by December 31 of the calendar year containing the fifth anniversary of the Participant’s death.
(34) If the Participant’s surviving spouse is the Participant’s sole designated Designated Beneficiary and the surviving spouse dies after the Participant but before distribution distributions to the surviving spouse has been made or required to have been madebegin, this paragraph (d)(iiSection 8.01(b), other than subparagraph (d)(ii)(1), shall Section 8.01(b)(1) will apply as if the surviving spouse were the Participant.
(5) For purposes of Section 8.01(b) and for purposes Section 8.01(d), unless Section 8.01(b)(4) applies, distributions are considered to begin on the Participant’s Required Beginning Date. If Section 8.01(b)(4) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 8.01(b)(1).
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Death of Participant Before Distributions Begin. If the Participant dies before distribution is made (and before the Required Beginning Date)distributions begin, the Participant’s entire interest will be distributed distributed, or begin to be distributed, no later than as follows:
(1a) If the Participant’s surviving spouse is a designated Beneficiary, the portion of the Participant’s interest in sole designated beneficiary, distributions to the Plan that is distributable to such surviving spouse shall be distributed in a single lump sum payment not later than the later of (A) will begin by December 31 of the calendar year containing immediately following the fifth anniversary of calendar year in which the Participant’s death Participant died, or (B) by December 31 of the calendar year in which the Participant would have attained age 70½.70 1/2, if later.
(2b) Any portion of the Participant’s interest in the Plan that is not distributable to a designated Beneficiary who is If the Participant’s surviving spouse shall is not the Participant’s sole designated beneficiary, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.
(c) If there is no designated beneficiary as of September 30 of the year following the year of the Participant’s death, the Participant’s entire interest will be distributed in a single lump sum payment to the Beneficiary entitled thereto not later than by December 31 of the calendar year containing the fifth anniversary of the Participant’s death.
(3d) If the Participant’s surviving spouse is the Participant’s sole designated Beneficiary beneficiary and the surviving spouse dies after the Participant but before distribution distributions to the surviving spouse has been made or required to have been madebegin, this paragraph (d)(ii), other than subparagraph (d)(ii)(1), shall Section will apply as if the surviving spouse were the Participant.
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Death of Participant Before Distributions Begin. If the Participant dies before distribution is made (and before the Required Beginning Date)distributions begin, the Participant’s entire interest death benefit will be distributed no later than distributed, or begin to be distributed, as follows:
(1i) If Distributions of the required minimum distributions will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died, or, if the Participant’s surviving spouse is a designated Beneficiary, the portion of the Participant’s interest in the Plan that is distributable to such surviving spouse shall be distributed in a single lump sum payment not later than the later of (A) December 31 of the calendar year containing the fifth anniversary of the Participant’s death or (B) designated beneficiary, by December 31 of the calendar year in which the Participant would have attained age 70½.70 1/2, if later.
(2ii) Any portion If there is no beneficiary as of September 30 of the year following the year of the Participant’s interest in death, the Plan that is not distributable to a designated Beneficiary who is distribution of the Participant’s surviving spouse shall death benefit will be distributed in a single lump sum payment to the Beneficiary entitled thereto not later than completed by December 31 of the calendar year containing the fifth anniversary of the Participant’s death.
(3iii) If the Participant’s surviving spouse is the Participant’s sole designated Beneficiary beneficiary and the surviving spouse dies after the Participant but before distribution distributions to the surviving spouse has been made or required to have been madebegin, this paragraph (d)(iiSection 6.8(b), other than subparagraph (d)(ii)(1)this paragraph, shall will apply as if the surviving spouse were the Participant, Thus, in all such cases, the time at which distributions must commence (or be completed by) shall be determined solely by reference to the year that the Participant died, and not the year in which the Participant would have attained age 70 1/2. For purposes of this Section 6.8(b), unless a surviving spouse is electing to commence benefits based upon the date that the Participant would have attained age 70 1/2, distributions are considered to begin on the Participant’s required beginning date. If the surviving-spouse election applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 6.8(b).
Appears in 1 contract
Samples: 401(k) Plan (Chevron Corp)
Death of Participant Before Distributions Begin. If the Participant dies before distribution is made (and before the Required Beginning Date)distributions begin, the Participant’s 's entire interest will be distributed distributed, or begin to be distributed, no later than as follows:
(1a) If if the Participant’s 's surviving spouse is a designated the Participant's sole Designated Beneficiary, then, except as otherwise provided in Section 4.2 of this Amendment, distributions to the portion of the Participant’s interest in the Plan that is distributable to such surviving spouse shall be distributed in a single lump sum payment not later than the later of (A) will begin by December 31 of the calendar year containing immediately following the fifth anniversary of calendar year in which the Participant’s death Participant died, or (B) by December 31 of the calendar year in which the Participant would have attained age 70½.seventy and one-half (70 1/2), if later.
(2b) Any portion if the Participant's surviving spouse is not the Participant's sole Designated Beneficiary, then, except as otherwise provided in Section 4.2 of this Amendment, distributions to the Designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.
(c) if there is no Designated Beneficiary as of September 30 of the year following the year of the Participant’s interest in the Plan that is not distributable to a designated Beneficiary who is 's death, the Participant’s surviving spouse shall 's entire interest will be distributed in a single lump sum payment to the Beneficiary entitled thereto not later than by December 31 of the calendar year containing the fifth anniversary of the Participant’s 's death.
(3d) If if the Participant’s 's surviving spouse is the Participant’s 's sole designated Designated Beneficiary and the surviving spouse dies after the Participant but before distribution distributions to the surviving spouse has been made or required to have been madebegin, this paragraph (d)(ii)Section 2.2, other than subparagraph (d)(ii)(1Section 2.2(a), shall will apply as if the surviving spouse were the Participant.
Appears in 1 contract
Samples: 401(k) Compensation Deferral Savings Plan Amendment (Corvas International Inc)
Death of Participant Before Distributions Begin. If the Participant dies before distribution is made (and before the Required Beginning Date), the Participant’s entire interest will be distributed pursuant to the otherwise applicable provisions of the Plan but no later than as follows:
(1i) If the Participant’s surviving spouse is a designated Beneficiary, the portion of the Participant’s interest in the Plan that is distributable to such surviving spouse shall be distributed, unless transferred to The X.X. Xxxxxxxx Company Retirement Plan pursuant to Section 9.7 (in which case the benefit will be distributed pursuant to the terms of the Retirement Plan) or applied to the purchase of an annuity pursuant to Section 13.4 (in which case benefits will be paid under the annuity in accordance with the requirements of Section 401(a)(9) of the Code and the Treasury regulations thereunder), in a single lump sum payment not later than the later of (A) December 31 of the calendar year containing the fifth anniversary of the Participant’s death or (B) December 31 of the calendar year in which the Participant would have attained age 70½.
(2ii) Any portion of the Participant’s interest in the Plan that is not distributable to a designated Beneficiary beneficiary who is the Participant’s surviving spouse shall be distributed in a single lump sum payment to the Beneficiary beneficiary entitled thereto not later than December 31 of the calendar year containing the fifth anniversary of the Participant’s death.
(3iii) If the Participant’s surviving spouse is the Participant’s sole designated Beneficiary and the surviving spouse dies after the Participant but before distribution to the surviving spouse has been made or required to have been made, this paragraph (d)(iiSection 14.2(b), other than subparagraph (d)(ii)(1Section 14.2(b)(i), shall apply as if the surviving spouse were the Participant.
Appears in 1 contract
Samples: Employee Stock Ownership Plan and Trust Agreement (Starrett L S Co)
Death of Participant Before Distributions Begin. If the Participant dies before distribution is made (and before the Required Beginning Date)distributions begin, the Participant’s 's entire interest will in the Plan shall be distributed distributed, or begin to be distributed, no later than as follows:
(1I) If the Participant’s 's surviving spouse is a designated Beneficiary, the portion of the Participant’s interest in 's sole designated beneficiary, then distributions to the Plan that is distributable to such surviving spouse shall be distributed in a single lump sum payment not later than the later of (A) begin by December 31 of the calendar year containing immediately following the fifth anniversary of calendar year in which the Participant’s death Participant died, or (B) by December 31 of the calendar year in which the Participant would have attained age 70½.70½, if later.
(2II) Any portion If the Participant's surviving spouse is not the Participant's sole designated beneficiary, then distributions to the designated beneficiary shall begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.
(III) If there is no designated beneficiary as of September 30 of the year following the year of the Participant’s interest in the Plan that is not distributable to a designated Beneficiary who is 's death, the Participant’s surviving spouse 's entire interest shall be distributed in a single lump sum payment to the Beneficiary entitled thereto not later than by December 31 of the calendar year containing the fifth anniversary of the Participant’s 's death.
(3IV) If the Participant’s 's surviving spouse is the Participant’s 's sole designated Beneficiary beneficiary and the surviving spouse dies after the Participant but before distribution distributions to the surviving spouse has been made or required to have been madebegin, this paragraph (d)(iiSection 15(e)(2)(B), other than subparagraph (d)(ii)(1Section 15(e)(2)(B)(I), shall will apply as if the surviving spouse were the Participant. For purposes of this Section 15(e)(2)(B) and Section 15(e)(4), unless Section 15(e)(2)(B)(IV) applies, distributions are considered to begin on the Participant's required beginning date. If Section 15(e)(2)(B)(IV) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 15(e)(2)(B)(I).
Appears in 1 contract
Samples: Savings Plan Agreement