Common use of Designation of Beneficiary Clause in Contracts

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's estate. (b) If the Custodian permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requests. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the original spouse beneficiary where the Depositor dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 15 contracts

Samples: Custodial Agreement, Individual Retirement Custodial Account Agreement, Individual Retirement Custodial Account Agreement

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Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's estate. (b) If the Custodian permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requestsbeneficiary. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the of an original spouse beneficiary where the Depositor dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 8 contracts

Samples: Custodial Agreement & Disclosure Statement, Custodial Agreement & Disclosure Statement, Custodial Agreement & Disclosure Statement

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the DepositorParticipant's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor Participant on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor Participant may change the DepositorParticipant's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the DepositorParticipant, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the DepositorParticipant's estate. (b) If the Custodian permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requests. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), ) if any, designated by the original spouse beneficiary where the Depositor dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 5 contracts

Samples: Simple Ira Custodial Agreement, Traditional Individual Retirement Custodial Agreement, Simple Ira Custodial Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the Custodian. If no acceptable beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's estate. (b) If the Custodian permits, in In the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) beneficiary or beneficiaries to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form subsequent beneficiary designation form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requests. In no event can may any subsequent beneficiary beneficiary, be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the original spouse beneficiary where the Depositor dies before his or her required beginning datedate and his/her spouse was named as beneficiary. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 5 contracts

Samples: Traditional Individual Retirement Custodial Agreement, Simple Ira Custodial Agreement, Roth Individual Retirement Custodial Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the DepositorApplicant/Plan Participant's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor Applicant/Plan Participant on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor Applicant/Plan Participant may change the DepositorApplicant/Plan Participant's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the Custodian. If no acceptable beneficiary designation is in effect, if none of the named beneficiaries survive the DepositorApplicant/Plan Participant, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the DepositorApplicant/Plan Participant's estate. (b) If the Custodian permits, in In the event of the DepositorApplicant/Plan Participant's death, any beneficiary may name a subsequent beneficiary(ies) beneficiary or beneficiaries to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form subsequent beneficiary designation form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requests. In no event can may any subsequent beneficiary beneficiary, be treated as a designated beneficiary of the DepositorApplicant/Plan Participant. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the original spouse beneficiary where the Depositor Applicant/Plan Participant dies before his or her required beginning datedate and his/her spouse was named as beneficiary. In this case, the original spouse beneficiary is treated as the DepositorApplicant/Plan Participant. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 4 contracts

Samples: Custodial Agreement, Traditional Individual Retirement Custodial Agreement, Simple Ira Custodial Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State state law, in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary beneficiary, or beneficiaries beneficiaries, designated by the Depositor on a beneficiary designation form Beneficiary Designation Form acceptable to to, and filed with with, the Custodian. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation Beneficiary Designation Form with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, Depositor or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's estate. (b) If the Custodian permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requests. In no event event, can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the original spouse beneficiary where the Depositor dies before his or her the Depositor’s required beginning dateBeginning Date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 4 contracts

Samples: Simplified Employee Pension Plan Agreement, Coverdell Education Savings Account Custodial Agreement, Custodial Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's estate. (b) If the Custodian permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requests. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the original spouse beneficiary where the Depositor dies before his or her Depositor’s required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 4 contracts

Samples: Simplified Employee Pension—individual Retirement Accounts Contribution Agreement, Simplified Employee Pension—individual Retirement Accounts Contribution Agreement, Prototype Simplified Employee Pension Plan Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the Depositordepositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor depositor on a beneficiary designation form acceptable to and filed with the Custodiancustodian. The Depositor depositor may change the Depositordepositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the Custodiancustodian. If no acceptable beneficiary designation is in effect, if none of the named beneficiaries survive the Depositordepositor, or if the Custodian custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositordepositor's estate. (b) If the Custodian permits, in In the event of the Depositordepositor's death, any beneficiary may name a subsequent beneficiary(ies) beneficiary or beneficiaries to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form subsequent beneficiary designation form acceptable to and filed with the Custodiancustodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requests. In no event can may any subsequent beneficiary beneficiary, be treated as a designated beneficiary of the Depositordepositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the original spouse beneficiary where the Depositor depositor dies before his or her required beginning datedate and his/her spouse was named as beneficiary. In this case, the original spouse beneficiary is treated as the Depositordepositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 3 contracts

Samples: Roth Individual Retirement Custodial Agreement, Custodial Agreement, Traditional Individual Retirement Custodial Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the Depositor's ’s death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor may change the Depositor's ’s beneficiary or beneficiaries at any time by the filing a new beneficiary designation form with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's ’s estate. (b) If the Custodian permits, in the event of the Depositor's ’s death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requestsbeneficiary. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the of an original spouse beneficiary where the Depositor dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's ’s death, such balance shall be payable to the estate of the original beneficiary. (c) Notwithstanding subsection (a) above, if no designation has been made, or if no beneficiary is living at the time of a Participant’s death, the designated Beneficiary shall be: • Surviving spouse; but if no surviving spouse, then • Surviving children, in equal shares; but if no surviving children, then • Participant’s estate.

Appears in 2 contracts

Samples: Ira Custodial Account Agreement, Ira and Roth Ira Custodial Account Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the Depositor's Participant’s death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor Participant on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor Participant may change the Depositor's Participant’s beneficiary or beneficiaries at any time by filing a new beneficiary designation with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the DepositorParticipant, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's Participant’s estate. (b) If the Custodian permits, in the event of the Depositor's Participant’s death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requests. In no event can any subsequent beneficiary be treated as a designated beneficiary of the DepositorParticipant. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), ) if any, designated by the original spouse beneficiary where the Depositor Participant dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the DepositorParticipant. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's ’s death, such balance shall be payable to the estate of the original beneficiary. (c) Notwithstanding subsection (a) above, if no beneficiary designation has been made, or if no Beneficiary is living at the time of a Participant’s death, the designated Beneficiary shall be the: (i) Surviving spouse; but if no surviving spouse, then (ii) Surviving children, in equal shares; but if no surviving children, then (iii) Participant’s estate.

Appears in 2 contracts

Samples: Simple Ira Custodial Account Agreement, Simple Ira Custodial Account Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State state law, in the event of the Depositor's ’s death, the balance in the account shall be paid to the beneficiary Beneficiary or beneficiaries Beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor may change the Depositor's beneficiary ’s Beneficiary or beneficiaries Beneficiaries at any time by filing a new beneficiary designation form with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, or if the Custodian cannot locate any of the named beneficiaries Beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's ’s estate. (b) If the Custodian permits, in the event of the Depositor's ’s death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requests. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the original spouse beneficiary where the Depositor dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's ’s death, such balance shall be payable to the estate of the original beneficiary. (c) Notwithstanding subsection (a) above, if no beneficiary designation has been made, or if no Beneficiary is living at the time of a Participant’s death, the designated Beneficiary shall be the: (i) Surviving spouse; but if no surviving spouse, then (ii) Surviving children, in equal shares; but if no surviving children, then (iii) Participant’s estate.

Appears in 2 contracts

Samples: Ira Custodial Account Agreement, Ira and Roth Ira Custodial Account Agreement

Designation of Beneficiary. (a) Except as may be otherwise required Each Participant may, by State law, written notice filed with the Custodian and in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the Custodian, designate a Beneficiary or Beneficiaries to receive the Participant's benefit at the Participant's death. The Depositor Such designation may change the Depositor's beneficiary be changed or beneficiaries at any revised from time to time by filing a new beneficiary designation written instrument filed with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositorhas been made, or if no beneficiary is living at the Custodian cannot locate any time of the named beneficiaries after reasonable searcha Participant's death, any balance in the account will be payable to the Depositor's his Beneficiary shall be: (1) his surviving spouse; but if he has no surviving spouse; then (2) his estate. (b) If the Custodian permits, in the event of the DepositorParticipant's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requestsbeneficiary. In no event can any subsequent beneficiary be treated as a designated beneficiary of the DepositorParticipant. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the ) of an original spouse beneficiary where the Depositor Participant dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 2 contracts

Samples: 403(b) Plan Account Application, 403(b) Plan Account Establishment

Designation of Beneficiary. (a) Except as may be otherwise required Each Participant may, by State law, written notice filed with the Sponsor and in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and the Sponsor, designate a Beneficiary or Beneficiaries to receive the Participant’s benefit at the Participant’s death. Such designation may be changed or revised from time to time by written instrument filed with the Custodian. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the CustodianSponsor. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositorhas been made, or if no Beneficiary is living at the Custodian cannot locate any time of the named beneficiaries after reasonable searcha Participant’s death, any balance in the account will be payable to the Depositor's his designated Beneficiary shall be: his surviving spouse, but if he has no surviving spouse; then his surviving children, or if there are no surviving children; then his estate. (b) If Upon the Custodian permits, in the event death of the Depositor's deathParticipant, any beneficiary Beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary Beneficiary is entitled upon the death of the original beneficiary Beneficiary. Such original Beneficiary may name a subsequent beneficiary(ies) by filing completing a Subsequent Beneficiary Designation Form form acceptable to and filed with the Custodian. Sponsor. (c) Payments to such subsequent beneficiary(iesBeneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requestsBeneficiary. In no event can any subsequent beneficiary Beneficiary be treated as a designated beneficiary Beneficiary of the DepositorParticipant. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the Beneficiary(ies) of an original spouse beneficiary where the Depositor Participant dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary Beneficiary and such beneficiary Beneficiary has not named a subsequent beneficiary Beneficiary or no named subsequent beneficiary Beneficiary is living on the date of the original beneficiary's Beneficiary’s death, such balance shall be payable to the estate of the original beneficiaryBeneficiary. (d) Participants may designate primary and secondary Beneficiaries. A secondary Beneficiary and/or Beneficiaries will become entitled to a distribution of any remaining balance of the Participant’s Account only after the death of any and all primary Beneficiaries. (e) If more than one Beneficiary is named in either category, benefits will be paid according to the following rules: (1) Beneficiaries can be designated to share equally in or to receive specific percentages of, the remaining balance, if any, of the Participant’s Account. (2) If a Beneficiary dies before the Participant, only the surviving Beneficiaries will be eligible to receive any benefits in the event of the death of the Participant. If more than two Beneficiaries are originally named to receive different percentages of the benefits, surviving Beneficiaries will share in the same proportion to each other as indicated in the original designation.

Appears in 2 contracts

Samples: Custodial Account Agreement, Custodial Account Agreement

Designation of Beneficiary. (a) Except as may be otherwise required Each Participant may, by State law, written notice filed with the Sponsor and in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and the Sponsor, designate a Beneficiary or Beneficiaries to receive the Participant’s benefit at the Participant’s death. Such designation may be changed or revised from time to time by written instrument filed with the Custodian. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the CustodianSponsor. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositorhas been made, or if no Beneficiary is living at the Custodian cannot locate any time of the named beneficiaries after reasonable searcha Participant’s death, any balance in the account will be payable to the Depositor's estate.his designated Beneficiary shall be: his surviving spouse, but if he has no surviving spouse; then his surviving children, or if there are no surviving children; then his (b) If Upon the Custodian permits, in the event death of the Depositor's deathParticipant, any beneficiary Beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary Beneficiary is entitled upon the death of the original beneficiary Beneficiary. Such original Beneficiary may name a subsequent beneficiary(ies) by filing completing a Subsequent Beneficiary Designation Form form acceptable to and filed with the Custodian. Sponsor. (c) Payments to such subsequent beneficiary(iesBeneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requestsBeneficiary. In no event can any subsequent beneficiary Beneficiary be treated as a designated beneficiary Beneficiary of the DepositorParticipant. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the Beneficiary(ies) of an original spouse beneficiary where the Depositor Participant dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary Beneficiary and such beneficiary Beneficiary has not named a subsequent beneficiary Beneficiary or no named subsequent beneficiary Beneficiary is living on the date of the original beneficiary's Beneficiary’s death, such balance shall be payable to the estate of the original beneficiaryBeneficiary. (d) Participants may designate primary and secondary Beneficiaries. A secondary Beneficiary and/or Beneficiaries will become entitled to a distribution of any remaining balance of the Participant’s Account only after the death of any and all primary Beneficiaries. (e) If more than one Beneficiary is named in either category, benefits will be paid according to the following rules: (i) Beneficiaries can be designated to share equally in or to receive specific percentages of, the remaining balance, if any, of the Participant’s Account. (ii) If a Beneficiary dies before the Participant, only the surviving Beneficiaries will be eligible to receive any benefits in the event of the death of the Participant. If more than two Beneficiaries are originally named to receive different percentages of the benefits, surviving Beneficiaries will share in the same proportion to each other as indicated in the original designation. (f) If upon the Participant’s death the Beneficiary designation indicates a class of individuals through use of the terms “per stirpes” or “per capita”, it shall be the sole responsibility of the personal representative of the estate of the Participant to determine the individual Beneficiaries entitled to benefit, and the portion thereof, from the balance of the Participant’s Account. (g) If upon the death of the Participant a Beneficiary who is a minor is entitled to any portion of the Participant’s Account, the Sponsor may, in its absolute discretion, transfer assets to an inherited Account for the benefit of the minor Beneficiary. Such inherited Account shall be controlled by such person demonstrated to the Sponsor’s satisfaction to be authorized to act on behalf of the minor. Any minor shall be deemed to be a minor until reaching the age of majority under the law of the state of the minor’s domicile with respect to the right to own mutual funds and other investments. (h) The Sponsor shall not be responsible for determining the identity or interest of any Beneficiary. The Sponsor is fully entitled to rely on any representations made by the personal representative of the estate of the Participant with respect to the identity of the Beneficiary of the Account. It is the responsibility of the Beneficiary or the personal representative of the Participant’s estate to notify the Sponsor of the death of the Participant and provide documentation that the Sponsor deems necessary to transfer ownership of the Participant’s Account. (i) The Sponsor shall not be responsible for the interpretation of any formula, clause or trust provision contained in any Beneficiary designation filed with the Sponsor, or the determination of the legal effect of any disclaimer or renunciation made by any Beneficiary to the Custodial Account. The acceptance of any Beneficiary designation submitted by a Participant shall not limit the Sponsor’s rights or increase its responsibilities under this Custodial Account and under law. (j) The Sponsor reserves the right to request such additional information and documentation from the Participant, the Beneficiary or the personal representative of the Participant as the Sponsor deems necessary.

Appears in 2 contracts

Samples: Custodial Account Agreement, 403(b)(7) and Roth 403(b)(7) Custodial Account Agreement

Designation of Beneficiary. (a) Except a)Except as may be otherwise required by State law, in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's estate. (b) . If the Custodian permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Subsequen t Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed distribute d in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requestsreq uests. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not no t apply with respect to the subsequent beneficiary(ies), if any, designated by the original spouse beneficiary where the th e Depositor dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account a ccount has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original ori ginal beneficiary.

Appears in 1 contract

Samples: Traditional and Roth Individual Retirement Account Custodial Agreement

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Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the Depositor's ’s death, the balance in the account shall be paid to the beneficiary Beneficiary or beneficiaries Beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor may change the Depositor's beneficiary ’s Beneficiary or beneficiaries Beneficiaries at any time by filing executing a new beneficiary designation with form and delivering it to the Custodian. If Not withstanding any other section in this plan, including but not limited to the adoption agreement, if no beneficiary designation is in effect, if none of the named beneficiaries Beneficiaries survive the Depositor, or if the Custodian cannot locate any of the named beneficiaries Beneficiaries after reasonable search, any balance in the account Custodial Account will be payable to the Depositor's ’s surviving spouse (or same-sex spouse, if applicable); or, if no spouse (or same-sex spouse) survives the Depositor, to the representative of the Depositor’s estate. (b) If the Custodian permits, in In the event of the Depositor's ’s death, any beneficiary Beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account Custodial Account to which such beneficiary Beneficiary is entitled to upon the death of the original beneficiary by filing executing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(iesBeneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary Beneficiary named by the Depositor or more rapidly if the subsequent beneficiary Beneficiary requests. In no event can any subsequent beneficiary Beneficiary be treated as a designated beneficiary Beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(iesBeneficiary(ies), if any, designated by the original spouse beneficiary of the Depositor, as the Depositor’s Beneficiary, where the Depositor dies before his or her required beginning date. In this case, the original such spouse beneficiary Beneficiary is treated as the Depositor. The Depositor’s Beneficiary may change Beneficiary or Beneficiaries at any time by filing a new Beneficiary designation with the Custodian. If the balance of the account has not been completely distributed to the original beneficiary Beneficiary and such beneficiary Beneficiary has not named a subsequent beneficiary Beneficiary or no named subsequent beneficiary Beneficiary is living on the date of the original beneficiary's Beneficiary’s death, such balance shall be payable to the estate of the original beneficiaryBeneficiary. (c) If the Depositor is a minor, the Beneficiary of the minor’s Xxxx XXX must be the minor’s estate.

Appears in 1 contract

Samples: Roth Individual Retirement Account Custodial Agreement

Designation of Beneficiary. (a) Except as may be otherwise required Each Participant may, by State law, written notice filed with the Custodian and in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the Custodian, designate a Beneficiary or Beneficiaries to receive the Participant's benefit at the Participant's death. The Depositor Such designation may change the Depositor's beneficiary be changed or beneficiaries at any revised from time to time by filing a new beneficiary designation written instrument filed with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositorhas been made, or if no beneficiary is living at the Custodian cannot locate any time of the named beneficiaries after reasonable searcha Participant's death, any balance in the account will be payable to the Depositor's his Beneficiary shall be: (1) his surviving spouse; but if he has no surviving spouse; then (2) his estate. (b) If the Custodian permits, in the event of the DepositorParticipant's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account Account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requestsbeneficiary. In no event can any subsequent beneficiary be treated as a designated beneficiary of the DepositorParticipant. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the ) of an original spouse beneficiary where the Depositor Participant dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account Account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 1 contract

Samples: 403(b)(7) Retirement Plan Custodial Account Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the DepositorParticipant's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor Participant on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor Participant may change the DepositorParticipant's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the DepositorParticipant, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the DepositorParticipant's estate. (b) If the Custodian permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requestsbeneficiary. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the ) of an original spouse beneficiary where the Depositor dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed completelydistributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 1 contract

Samples: Simple Individual Retirement Custodial Account

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with wit h the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's estate. (b) If the Custodian permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Subse quent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requestsbeneficiary. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the of an original spouse beneficiary where the Depositor dies before his or her required beginning be ginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely compl etely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original origi nal beneficiary.

Appears in 1 contract

Samples: Traditional and Roth Individual Retirement Account Custodial Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the CustodianAdministrator. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the CustodianAdministrator. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, or if the Custodian Administrator cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's estate. (b) If the Custodian Administrator permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the CustodianAdministrator. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requests. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the original spouse beneficiary where the Depositor dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 1 contract

Samples: Self Directed Ira Application and Adoption Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State lawthe laws of the applicable state, in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the CustodianCustodian or Administrator. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the CustodianCustodian or Administrator. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, or if the Custodian or Administrator cannot locate any of the named beneficiaries after reasonable search, any balance in the account Custodial Account will be payable to the Depositor's estate. (b) If the Custodian or Administrator permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account Custodial Account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the CustodianCustodian or Administrator. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requests. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the original spouse beneficiary where the Depositor dies before his or her required beginning date. In this that case, the original spouse beneficiary is shall be treated as the Depositor. If the balance of the account Custodial Account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 1 contract

Samples: Traditional Individual Retirement Custodial Account Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's estate. (b) . If the Custodian permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requests. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the original spouse beneficiary where the Depositor dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 1 contract

Samples: Custodial Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the DepositorParticipant's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor Participant on a beneficiary designation form acceptable to and filed with the Custodian. The Depositor Participant may change the DepositorParticipant's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the Custodian. If no beneficiary designation is in effect, if none of the named beneficiaries survive the DepositorParticipant, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the DepositorParticipant's estate. (b) If the Custodian permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the Custodian. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requestsbeneficiary. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the ) of an original spouse beneficiary where the Depositor dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 1 contract

Samples: Custodial Agreement

Designation of Beneficiary. (a) Except as may be otherwise required by State law, in the event of the Depositor's death, the balance in the account shall be paid to the beneficiary or beneficiaries designated by the Depositor on a beneficiary designation form acceptable to and filed with the CustodianCustodian or Administrator. The Depositor may change the Depositor's beneficiary or beneficiaries at any time by filing a new beneficiary designation with the CustodianCustodian or Administrator. If no beneficiary designation is in effect, if none of the named beneficiaries survive the Depositor, or if the Custodian cannot locate any of the named beneficiaries after reasonable search, any balance in the account will be payable to the Depositor's estate. (b) If the Custodian or Administrator permits, in the event of the Depositor's death, any beneficiary may name a subsequent beneficiary(ies) to receive the balance of the account to which such beneficiary is entitled upon the death of the original beneficiary by filing a Subsequent Beneficiary Designation Form acceptable to and filed with the CustodianCustodian or Administrator. Payments to such subsequent beneficiary(ies) shall be distributed in accordance with the payment schedule applicable to the original beneficiary or more rapidly if the subsequent beneficiary requestsbeneficiary. In no event can any subsequent beneficiary be treated as a designated beneficiary of the Depositor. The preceding sentence shall not apply with respect to the subsequent beneficiary(ies), if any, designated by the of an original spouse beneficiary where the Depositor dies before his or her required beginning date. In this case, the original spouse beneficiary is treated as the Depositor. If the balance of the account has not been completely distributed to the original beneficiary and such beneficiary has not named a subsequent beneficiary or no named subsequent beneficiary is living on the date of the original beneficiary's death, such balance shall be payable to the estate of the original beneficiary.

Appears in 1 contract

Samples: Roth Individual Retirement Custodial Account Agreement

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