Common use of DETERMINATION OF BENEFITS UPON DEATH Clause in Contracts

DETERMINATION OF BENEFITS UPON DEATH. (a) Upon the death of a Participant before his Retirement Date or other termination of his employment, all amounts credited to such Participant's Combined Account shall become fully Vested. The Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 and 6.7, to distribute the value of the deceased Participant's accounts to the Participant's Beneficiary. (b) Upon the death of a Former Participant, the Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 and 6.7, to distribute any remaining Vested amounts credited to the accounts of a deceased Former Participant to such Former Participant's Beneficiary. (c) Any security interest held by the Plan by reason of an outstanding loan to the Participant or Former Participant shall be taken into account in determining the amount of the Pre-Retirement Survivor Annuity. (d) The Administrator may require such proper proof of death and such evidence of the right of any person to receive payment of the value of the account of a deceased Participant or Former Participant as the Administrator may deem desirable. The Administrator's determination of death and of the right of any person to receive payment shall be conclusive. (e) Unless otherwise elected in the manner prescribed in Section 6.6, the Beneficiary of the death benefit shall be the Participant's spouse, who shall receive such benefit in the form of a Pre-Retirement Survivor Annuity pursuant to Section 6.6. Except, however, the Participant may designate a Beneficiary other than his spouse if: (1) the Participant and his spouse have validly waived the Pre-Retirement Survivor Annuity in the manner prescribed in Section 6.6, and the spouse has waived his or her right to be the Participant's Beneficiary, or (2) the Participant is legally separated or has been abandoned (within the meaning of local law) and the Participant has a court order to such effect (and there is no "qualified domestic relations order" as defined in Code Section 414 (p) which provides otherwise), or (3) the Participant has no spouse, or (4) the spouse cannot be located. In such event, the designation of a Beneficiary shall be made on a form satisfactory to the Administrator. A Participant may at any time revoke his designation of a Beneficiary or change his Beneficiary by filing written notice of such revocation or change with the Administrator. However, the Participant's spouse must again consent in writing to any change in Beneficiary unless the original consent acknowledged that the spouse had the right to limit consent only to a specific Beneficiary and that the spouse voluntarily elected to relinquish such right. In the event no valid designation of Beneficiary exists at the time of the Participant's death, the death benefit shall be payable to his estate.

DETERMINATION OF BENEFITS UPON DEATH. (a) Upon the death of a Participant before his Retirement Date or other termination of his employment, all amounts credited to such Participant's Combined Account shall become fully Vested. The Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 6.06 and 6.76.07, to distribute the value of the deceased Participant's accounts to the Participant's Beneficiary. (b) Upon the death of a Former Participant, the Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 6.06 and 6.76.07, to distribute any remaining Vested amounts credited to the accounts of a deceased Former Participant to such Former Participant's Beneficiary. (c) Any security interest held by the Plan by reason of an outstanding loan to the Participant or Former Participant shall be taken into account in determining the amount of the Pre-Retirement Survivor Annuity. (d) The Administrator may require such proper proof of death and such evidence of the right of any person to receive payment of the value of the account of a deceased Participant or Former Participant as the Administrator may deem desirable. The Administrator's determination of death and of the right of any person to receive payment shall be conclusive. (ed) Unless otherwise elected in the manner prescribed in Section 6.66.06, the Beneficiary of the death benefit shall be the Participant's spouse, who shall receive such benefit in the form of a Pre-Retirement Survivor Annuity pursuant to Section 6.66.06. Except, however, the Participant may designate a Beneficiary other than his spouse if: (1) the Participant and his spouse have validly waived the Pre-Retirement Survivor Annuity in the manner prescribed in Section 6.66.06, and the spouse has waived his or her right to be the Participant's Beneficiary, or (2) the Participant is legally separated or has been abandoned (within the meaning of local law) and the Participant has a court order to such effect (and there is no "qualified domestic relations order" as defined in Code Section 414 (psection 414(p) which provides otherwise), or (3) the Participant has no spouse, or (4) the spouse cannot be located. In such event, the designation of a Beneficiary shall be made on a form satisfactory to the Administrator. A Participant may at any time revoke his designation of a Beneficiary or change his Beneficiary by filing written notice of such revocation or change with the Administrator. However, the Participant's spouse must again consent in writing to any change in Beneficiary unless the original consent acknowledged that the spouse had the right to limit consent only to a specific Beneficiary and that the spouse voluntarily elected to relinquish such right. In the event no valid designation of Beneficiary exists at the time of the Participant's death, the death benefit shall be payable to his estate.

DETERMINATION OF BENEFITS UPON DEATH. (a) Upon the death of a Participant before his the Participant's Retirement Date or other termination of his employment, all amounts credited to such Participant's Combined Account shall become fully Vested. The Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 and 6.7, to distribute the value of the deceased Participant's accounts to the Participant's Beneficiary. (b) Upon the death of a Former Participant, the Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 and 6.7, to distribute any remaining Vested amounts credited to the accounts of a deceased Former Participant to such Former Participant's Beneficiary. (c) Any security interest held by the Plan by reason of an outstanding loan to the Participant or Former Participant shall be taken into account in determining the amount of the Pre-Retirement Survivor Annuitydeath benefit. (d) The Administrator may require such proper proof of death and such evidence of the right of any person to receive payment of the value of the account of a deceased Participant or Former Participant as the Administrator may deem desirable. The Administrator's determination of death and of the right of any person to receive payment shall be conclusive. (e) Unless otherwise elected in the manner prescribed in Section 6.6, the The Beneficiary of the death benefit payable pursuant to this Section shall be the Participant's spouse, who shall receive such benefit in the form of a Pre-Retirement Survivor Annuity pursuant to Section 6.6. Except, however, the Participant may designate a Beneficiary other than his the spouse if: (1) the Participant and his spouse have validly waived the Pre-Retirement Survivor Annuity in the manner prescribed in Section 6.6, and the spouse has waived his or her the right to be the Participant's Beneficiary, or (2) the Participant is legally separated or has been abandoned (within the meaning of local law) and the Participant has a court order to such effect (and there is no "qualified domestic relations order" as defined in Code Section 414 (p414(p) which provides otherwise), or (3) the Participant has no spouse, or (4) the spouse cannot be located. In such event, the designation of a Beneficiary shall be made on a form satisfactory to the Administrator. A Participant may at any time revoke his a designation of a Beneficiary or change his a Beneficiary by filing written (or in such other form as permitted by the Internal Revenue Service) notice of such revocation or change with the Administrator. However, the Participant's spouse must again consent in writing (or in such other form as permitted by the Internal Revenue Service) to any change in Beneficiary unless the original consent acknowledged that the spouse had the right to limit consent only to a specific Beneficiary and that the spouse voluntarily elected to relinquish such right. . (f) In the event no valid designation of Beneficiary exists exists, or if the Beneficiary is not alive at the time of the Participant's death, the death benefit shall will be payable paid in the following order of priority to: (1) the Participant's surviving spouse; (2) the Participant's children, including adopted children, per stirpes; (3) the Participant's surviving parents, in equal shares; or (4) the Participant's estate. If the Beneficiary does not predecease the Participant, but dies prior to his distribution of the death benefit, the death benefit will be paid to the Beneficiary's estate. (g) Notwithstanding anything in this Section to the contrary, if a Participant has designated the spouse as a Beneficiary, then a divorce decree or a legal separation that relates to such spouse shall revoke the Participant's designation of the spouse as a Beneficiary unless the decree or a qualified domestic relations order (within the meaning of Code Section 414(p)) provides otherwise. (h) Any consent by the Participant's spouse to waive any rights to the death benefit must be in writing (or in such other form as permitted by the Internal Revenue Service), must acknowledge the effect of such waiver, and be witnessed by a Plan representative or a notary public. Further, the spouse's consent must be irrevocable and must acknowledge the specific nonspouse Beneficiary.

DETERMINATION OF BENEFITS UPON DEATH. (a) Upon the death of a Participant before his Retirement Date or other termination of his employment, all amounts credited to such Participant's Combined Account shall become fully Vested. If elected, distribution of the Participant's Account shall commence not later than one (1) year after the close of the Plan Year in which such Participant's death occurs. The Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 7.5 and 6.77.6, to distribute the value of the deceased Participant's accounts to the Participant's Beneficiary. (b) Upon the death of a Former Participant, the Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 7.5 and 6.77.6, to distribute any remaining Vested amounts credited to the accounts of a deceased Former Participant to such Former Participant's Beneficiary. (c) Any security interest held by the Plan by reason of an outstanding loan to the Participant or Former Participant shall be taken into account in determining the amount of the Pre-Retirement Survivor Annuitydeath benefit. (d) The Administrator may require such proper proof of death and such evidence of the right of any person to receive payment of the value of the account of a deceased Participant or Former Participant as the Administrator may deem desirable. The Administrator's determination of death and of the right of any person to receive payment shall be conclusive. (e) Unless otherwise elected in the manner prescribed in Section 6.6, the The Beneficiary of the death benefit payable pursuant to this Section shall be the Participant's spouse, who shall receive such benefit in the form of a Pre-Retirement Survivor Annuity pursuant to Section 6.6. Except, however, the Participant may designate a Beneficiary other than his spouse if: (1) the Participant and his spouse have validly waived the Pre-Retirement Survivor Annuity in the manner prescribed in Section 6.6, and the spouse has waived his or her the right to be the Participant's Beneficiary, or (2) the Participant is legally separated or has been abandoned (within the meaning of local law) and the Participant has a court order to such effect (and there is no "qualified domestic relations order" as defined in Code Section 414 (p414(p) which provides otherwise), or (3) the Participant has no spouse, or (4) the spouse cannot be located. In such event, the designation of a Beneficiary shall be made on a form satisfactory to the Administrator. A Participant may at any time revoke his designation of a Beneficiary or change his Beneficiary by filing written notice of such revocation or change with the Administrator. However, the Participant's spouse must again consent in writing to any change in Beneficiary unless the original consent acknowledged that the spouse had the right to limit consent only to a specific Beneficiary and that the spouse voluntarily elected to relinquish such right. In the event no valid designation of Beneficiary exists at the time of the Participant's death, the death benefit shall be payable to his estate. (f) Any consent by the Participant's spouse to waive any rights to the death benefit must be in writing, must acknowledge the effect of such waiver, and be witnessed by a Plan representative or a notary public. Further, the spouse's consent must be irrevocable and must acknowledge the specific nonspouse Beneficiary.

DETERMINATION OF BENEFITS UPON DEATH. (a) Upon the death of a Participant (whether before or after his Retirement Date or other termination of his employmentDate) who was not receiving benefits under this Plan prior to death, the Participant’s Beneficiary shall be entitled to a benefit equal to all amounts credited to such the deceased Participant's Combined Account ’s Account. Distribution of any death benefits under this Section 6.3(a) shall become fully Vested. The Administrator shall direct commence within 30 days after the Trusteedeath of the Participant, in accordance with the provisions of Sections 6.6 and 6.7, to distribute the value of the deceased Participant's accounts to the Participant's BeneficiarySection 6.4. (b) Upon the death of a Former ParticipantRetired participant who was receiving benefits payable under this Plan prior to death, the Administrator Participant’s Beneficiary shall direct be entitled to a benefit equal to all remaining amounts credited to the Trusteedeceased Participant’s Account, in accordance with the provisions of Sections 6.6 and 6.7, to distribute any remaining Vested amounts credited to the accounts of a deceased Former Participant to such Former Participant's BeneficiarySection 6.4. (c) Any security interest held by the Plan by reason of an outstanding loan to the Participant or Former Participant shall be taken into account in determining the amount of the Pre-Retirement Survivor Annuity. (d) The Administrator Trustees may require such proper proof of death and such evidence of the right of any person to receive payment of the value of the account benefits of a deceased Participant or Former Retired Participant as the Administrator Trustees may deem desirable. The Administrator's Trustees’ determination of death and of the right of any person to receive payment shall be conclusive. (ed) Unless otherwise elected in Each Participant shall have the manner prescribed in Section 6.6right, by written notice to the Trustees on the Appropriate Form, to designate, revoke or change the Beneficiary of the to receive any death benefit shall be the Participant's spouse, who shall receive such benefit in the form of a Pre-Retirement Survivor Annuity payable pursuant to Section 6.6. Exceptthis Section; provided, however, the Participant may designate a Beneficiary other than his Participant's spouse if: (1) the Participant and his spouse have validly waived the Pre-Retirement Survivor Annuity in the manner prescribed in Section 6.6, and the spouse has waived his or her right to shall be the Participant's Beneficiary, orwhether or not designated as such, unless one of the following requirements in subsections (i) through (iv) below is satisfied: i. The spouse waives the right to be the Beneficiary in a consent which meets the requirements of subsection (2) v). The Participant may at any time restore the spouse as the Beneficiary, without spousal consent. ii. The Participant is legally separated from his Spouse or has been abandoned (abandoned, within the meaning of local law) , and provides the Participant has Trustees with a court order regarding the applicable circumstance. (However, such a spouse must be considered the spouse to such effect (and there is no "qualified domestic relations order" as defined the extent provided in Code Section 414 (p) which provides otherwisea Qualified Domestic Relations Order.), or (3) iii. The Participant establishes to the Participant has no spouse, or (4) satisfaction of the Trustees that the spouse cannot be located. In such eventThe Plan Administrator shall adopt procedures to implement this provision, the designation of a Beneficiary which shall be made on a form satisfactory applied uniformly to all Participants. iv. The Participant is unmarried. This "deemed" waiver of spousal rights for an unmarried Participant is null and void if the Administrator. A Participant may at any time revoke his designation of a Beneficiary or change his Beneficiary by filing written notice of such revocation or change with the Administrator. However, the Participant's spouse must again consent in writing to any change in Beneficiary unless the original consent acknowledged that the spouse had the right to limit consent only to a specific Beneficiary and that the spouse voluntarily elected to relinquish such right. In the event no valid designation of Beneficiary exists at the time of the Participant's death, the death benefit shall be payable to his estatelater marries.

DETERMINATION OF BENEFITS UPON DEATH. (aA) Upon the death of a Participant before his Retirement Date retirement or other termination of his employment, all amounts credited to such Participant's Combined Account shall become fully Vested. The and within one hundred twenty (120) days after the end of the Plan Year in which proof of death is received, the Plan Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 and 6.7Section 6.03, to distribute the value of the deceased Participant's accounts account to the Participant's Beneficiarybeneficiary. (b) Upon the death of a Former Participant, the Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 and 6.7, to distribute any remaining Vested amounts credited to the accounts of a deceased Former Participant to such Former Participant's Beneficiary. (c) Any security interest held by the Plan by reason of an outstanding loan to the Participant or Former Participant shall be taken into account in determining the amount of the Pre-Retirement Survivor Annuity. (d) The Administrator may require such proper proof of death and such evidence of the right of any person to receive payment of the value of the account of a deceased Participant or Former Participant as the Administrator may deem desirable. The Administrator's determination of death and of the right of any person to receive payment shall be conclusive. (eB) Unless otherwise elected in the manner prescribed in Section 6.66.03, the Beneficiary beneficiary of the death benefit shall be the Participant's spouse, who shall receive such benefit in the form of a Pre-Retirement Survivor Annuity preretirement survivor annuity pursuant to Section 6.66.03. Except, however, the Participant may designate a Beneficiary beneficiary other than his the spouse if: (1) the The Participant and his spouse have validly waived the Pre-Retirement Survivor Annuity preretirement survivor annuity in the manner prescribed in Section 6.66.03, and the spouse has waived his or her right to be the Participant's Beneficiary, orbeneficiary; (2) the Participant is legally separated or has been abandoned (within the meaning of local law) and the The Participant has a court order to such effect (and there is no "qualified domestic relations order" as defined in Code Section 414 (p) which provides otherwise), spouse; or (3) the Participant has no spouse, or (4) the The spouse cannot be located. In such event, the designation of a Beneficiary beneficiary shall be made on a form satisfactory to the Plan Administrator. A Participant may at any time revoke his or her designation of a Beneficiary beneficiary or change his Beneficiary the beneficiary by filing written notice of such revocation or change with the Plan Administrator. However, the Participant's spouse must again consent in writing to any change or revocation which results in Beneficiary unless the original consent acknowledged that the spouse had the right to limit consent only to naming of a specific Beneficiary and that the spouse voluntarily elected to relinquish such rightnonspouse beneficiary. In the event no valid designation of Beneficiary beneficiary exists at the time of the Participant's death, the death benefit shall be payable to his the Participant's spouse, if any; if there is no spouse, or if the spouse cannot be located, the death benefit shall be payable to the Participant's estate.. In the event no valid designation of beneficiary exists at the time of the Participant's death, the death benefit shall be payable to the Participant's spouse, if any; if there is no spouse, or if the

DETERMINATION OF BENEFITS UPON DEATH. (a) Upon the death of a Participant before his the Participant's Retirement Date or other termination of his employment, all amounts credited to such Participant's Combined Account shall shall, if elected in the Adoption Agreement, become fully Vested. The Administrator shall direct the Trusteedirect, in accordance with the provisions of Sections 6.6 and 6.7, to distribute the value distribution of the deceased Participant's Vested accounts to the Participant's Beneficiary. (b) Upon the death of a Former Participant, the Administrator shall direct the Trusteedirect, in accordance with the provisions of Sections 6.6 and 6.7, to distribute the distribution of any remaining Vested amounts credited to the accounts of a such deceased Former Participant to such Former Participant's Beneficiary. (c) Any security interest held by the Plan by reason of an outstanding loan to the Participant or Former Participant shall be taken into account in determining the amount of the Pre-Retirement Survivor Annuity. (d) The Administrator may require such proper proof of death and such evidence of the right of any person to receive payment of the value of the account of a deceased Participant or Former Participant as the Administrator may deem desirable. The Administrator's determination of death and of the right of any person to receive payment shall be conclusive. (ed) Unless otherwise elected in the manner prescribed in Section 6.6, the Beneficiary of the death benefit Pre-Retirement Survivor Annuity shall be the Participant's surviving spouse, who shall receive such benefit in the form of a Pre-Retirement Survivor Annuity pursuant to Section 6.6. Except, however, the Participant may designate a Beneficiary other than his the spouse for the Pre-Retirement Survivor Annuity if: (1) the Participant and his the Participant's spouse have validly waived the Pre-Retirement Survivor Annuity in the manner prescribed in Section 6.6, and the spouse has waived his or her the right to be the Participant's Beneficiary, or, (2) the Participant is legally separated or has been abandoned (within the meaning of local law) and the Participant has a court order to such effect (and there is no "qualified domestic relations order" as defined in Code Section 414 (p414(p) which provides otherwise), or, (3) the Participant has no spouse, or (4) the spouse cannot be located. In such event, the designation of a Beneficiary shall be made on a form satisfactory to the Administrator. A Participant may at any time revoke his a designation of a Beneficiary or change his a Beneficiary by filing written (or in such other form as permitted by the IRS) notice of such revocation or change with the Administrator. However, the Participant's spouse must again consent in writing (or in such other form as permitted by the IRS) to any change in Beneficiary unless the original consent acknowledged that the spouse had the right to limit consent only to a specific Beneficiary and that the spouse voluntarily elected to relinquish such right. (e) A Participant may, at any time, designate a Beneficiary for death benefits, if any, payable under the Plan that are in excess of the Pre-Retirement Survivor Annuity without the waiver or consent of the Participant's spouse. In the event no valid designation of Beneficiary exists exists, or if the Beneficiary is not alive at the time of the Participant's death, the death benefit will be paid in the following order of priority, unless the Employer specifies a different order of priority in an addendum to the Adoption Agreement, to: (1) The Participant's surviving spouse; (2) The Participant's children, including adopted children, per stirpes (3) The Participant's surviving parents, in equal shares; or (4) The Participant's estate. If the Beneficiary does not predecease the Participant, but dies prior to distribution of the death benefit, the death benefit will be paid to the Beneficiary's estate. (f) Notwithstanding anything in this Section to the contrary, if a Participant has designated the spouse as a Beneficiary, then a divorce decree or a legal separation that relates to such spouse shall revoke the Participant's designation of the spouse as a Beneficiary unless the decree or a qualified domestic relations order (within the meaning of Code Section 414(p)) provides otherwise or a subsequent Beneficiary designation is made. (g) If the Plan provides an insured death benefit and a Participant dies before any insurance coverage to which the Participant is entitled under the Plan is effected, the death benefit from such insurance coverage shall be payable limited to his estatethe premium which was or otherwise would have been used for such purpose. (h) In the event of any conflict between the terms of this Plan and the terms of any Contract issued hereunder, the Plan provisions shall control.

DETERMINATION OF BENEFITS UPON DEATH. (a) Upon the death of a Participant before his Retirement Date or other termination of his employment, all amounts credited to such Participant's Combined Account shall become fully Vested. The Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 6.5 and 6.76.6, to distribute the value of the deceased Participant's accounts to the Participant's Beneficiary. (b) Upon the death of a Former Participant, the Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 6.5 and 6.76.6, to distribute any remaining Vested amounts credited to the accounts of a deceased Former Participant to such Former Participant's Beneficiary. (c) Any security interest held by the Plan by reason of an outstanding loan to the Participant or Former Participant shall be taken into account in determining the amount of the Pre-Retirement Survivor Annuitydeath benefit. (d) The Administrator may require such proper proof of death and such evidence of the right of any person to receive payment of the value of the account of a deceased Participant or Former Participant as the Administrator may deem desirable. The Administrator's determination of death and of the right of any person to receive payment shall be conclusive. (e) Unless otherwise elected in the manner prescribed in Section 6.6, the The Beneficiary of the death benefit payable pursuant to this Section shall be the Participant's spouse, who shall receive such benefit in the form of a Pre-Retirement Survivor Annuity pursuant to Section 6.6. Except, however, the Participant may designate a Beneficiary other than his spouse if: (1) the Participant and his spouse have validly waived the Pre-Retirement Survivor Annuity in the manner prescribed in Section 6.6, and the spouse has waived his or her the right to be the Participant's Beneficiary, or (2) the Participant is legally separated or has been abandoned (within the meaning of local law) and the Participant has a court order to such effect (and there is no "qualified domestic relations order" as defined in Code Section 414 (p414(p) which provides otherwise), or (3) the Participant has no spouse, or (4) the spouse cannot be located. In such event, the designation of a Beneficiary shall be made on a form satisfactory to the Administrator. A Participant may at any time revoke his designation of a Beneficiary or change his Beneficiary by filing written notice of such revocation or change with the Administrator. However, the Participant's spouse must again consent in writing to any change in Beneficiary unless the original consent acknowledged that the spouse had the right to limit consent only to a specific Beneficiary and that the spouse voluntarily elected to relinquish such right. In the event no valid designation of Beneficiary exists at the time of the Participant's death, the death benefit shall be payable to his estate. (f) Any consent by the Participant's spouse to waive any rights to the death benefit must be in writing, must acknowledge the effect of such waiver, and be witnessed by a Plan representative or a notary public. Further, the spouse's consent must be irrevocable and must acknowledge the specific nonspouse Beneficiary.

DETERMINATION OF BENEFITS UPON DEATH. (a) Upon the death of a Participant before his the Participant’s Retirement Date or other termination of his employment, all amounts credited to such Participant's ’s Combined Account shall become fully Vested. If elected, distribution of the Participant’s Combined Account shall commence not later than one ( 1) year after the close of the Plan Year in which such Participant’s death occurs. The Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 7.5 and 6.77.6, to distribute the value of the deceased Participant's ’s accounts to the Participant's ’s Beneficiary. (b) Upon the death of a Former Participant, the Administrator shall direct the Trustee, in accordance with the provisions of Sections 6.6 7.5 and 6.77.6, to distribute any remaining Vested amounts credited to the accounts of a deceased Former Participant to such Former Participant's ’s Beneficiary. (c) Any security interest held by the Plan by reason of an outstanding loan to the Participant or Former Participant shall be taken into account in determining the amount of the Pre-Retirement Survivor Annuitydeath benefit. (d) The Administrator may require such proper proof of death and such evidence of the right of any person to receive payment of the value of the account of a deceased Participant or Former Participant as the Administrator may deem desirable. The Administrator's ’s determination of death and of the right of any person to receive payment shall be conclusive. (e) Unless otherwise elected in the manner prescribed in Section 6.6, the The Beneficiary of the death benefit payable pursuant to this Section shall be the Participant's ’s spouse, who shall receive such benefit in the form of a Pre-Retirement Survivor Annuity pursuant to Section 6.6. Except, however, the Participant may designate a Beneficiary other than his the spouse if: (1) the Participant and his spouse have validly waived the Pre-Retirement Survivor Annuity in the manner prescribed in Section 6.6, and the spouse has waived his or her the right to be the Participant's ’s Beneficiary, or (2) the Participant is legally separated or has been abandoned (within the meaning of local law) and the Participant has a court order to such effect (and there is no "“qualified domestic relations order" ” as defined in Code Section 414 (p414(p) which provides otherwise), or (3) the Participant has no spouse, or (4) the spouse cannot be located. In such event, the designation of a Beneficiary shall be made on a form satisfactory to the Administrator. A Participant may at any time revoke his a designation of a Beneficiary or change his a Beneficiary by filing written (or in such other form as permitted by the Internal Revenue Service) notice of such revocation or change with the Administrator. However, the Participant's ’s spouse must again consent in writing (or in such other form as permitted by the Internal Revenue Service) to any change in Beneficiary unless the original consent acknowledged that the spouse had the right to limit consent only to a specific Beneficiary and that the spouse voluntarily elected to relinquish such right. . (f) In the event no valid designation of Beneficiary exists exists, or if the Beneficiary is not alive at the time of the Participant's ’s death, the death benefit shall will be payable paid in the following order of priority to: (1) the Participant’s surviving spouse; (2) the Participant’s children, including adopted children, per stirpes; (3) the Participant’s surviving parents in equal shares; or (4) the Participant’s estate. If the Beneficiary does not predecease the Participant, but dies prior to his distribution of the death benefit, the death benefit will be paid to the Beneficiary’s estate. (g) Notwithstanding anything in this Section to the contrary, if a Participant has designated the spouse as a Beneficiary, then a divorce decree or a legal separation that relates to such spouse shall revoke the Participant’s designation of the spouse as a Beneficiary unless the decree or a qualified domestic relations order (within the meaning of Code Section 414(p)) provides otherwise. (h) Any consent by the Participant’s spouse to waive any rights to the death benefit must be in writing (or in such other form as permitted by the Internal Revenue Service), must acknowledge the effect of such waiver, and be witnessed by a Plan representative or a notary public. Further, the spouse’s consent must be irrevocable and must acknowledge the specific nonspouse Beneficiary.

DETERMINATION OF BENEFITS UPON DEATH. (a) Upon the death of a Participant before his the Participant's Retirement Date or other termination of his employment, all amounts credited to such Participant's Combined Account shall shall, if elected in the Adoption Agreement, become fully Vested. The Administrator shall direct the Trusteedirect, in accordance with the provisions of Sections 6.6 and 6.7, to distribute the value distribution of the deceased Participant's Vested accounts to the Participant's Beneficiary. (b) Upon the death of a Former Participant, the Administrator shall direct the Trusteedirect, in accordance with the provisions of Sections 6.6 and 6.7, to distribute the distribution of any remaining Vested amounts credited to the accounts of a such deceased Former Participant to such Former Participant's Beneficiary. (c) Any security interest held by the Plan by reason of an outstanding loan to the Participant or Former Participant shall be taken into account in determining the amount of the Pre-Retirement Survivor Annuity. (d) The Administrator may require such proper proof of death and such evidence of the right of any person to receive payment of the value of the account of a deceased Participant or Former Participant as the Administrator may deem desirable. The Administrator's determination of death and of the right of any person to receive payment shall be conclusive. (ed) Unless otherwise elected in the manner prescribed in Section 6.6, the Beneficiary of the death benefit Pre-Retirement Survivor Annuity shall be the Participant's surviving spouse, who shall receive such benefit in the form of a Pre-Retirement Survivor Annuity pursuant to Section 6.6. Except, however, the Participant may designate a Beneficiary other than his the spouse for the Pre-Retirement Survivor Annuity if: (1) the Participant and his the Participant's spouse have validly waived the Pre-Retirement Survivor Annuity in the manner prescribed in Section 6.6, and the spouse has waived his or her the right to be the Participant's Beneficiary, or, (2) the Participant is legally separated or has been abandoned (within the meaning of local law) and the Participant has a court order to such effect (and there is no "qualified domestic relations order" as defined in Code Section 414 (p414(p) which provides otherwise), or, (3) the Participant has no spouse, or (4) the spouse cannot be located. In such event, the designation of a Beneficiary shall be made on a form satisfactory to the Administrator. A Participant may at any time revoke his a designation of a Beneficiary or change his a Beneficiary by filing written (or in such other form as permitted by the IRS) notice of such revocation or change with the Administrator. However, the Participant's spouse must again consent in writing (or in such other form as permitted by the IRS) to any change in Beneficiary unless the original consent acknowledged that the spouse had the right to limit consent only to a specific Beneficiary and that the spouse voluntarily elected to relinquish such right. (e) A Participant may, at any time, designate a Beneficiary for death benefits, if any, payable under the Plan that are in excess of the Pre-Retirement Survivor Annuity without the waiver or consent of the Participant's spouse. In the event no valid designation of Beneficiary exists exists, or if the Beneficiary is not alive at the time of the Participant's death, the death benefit shall will be payable paid in the following order of priority, unless the Employer specifies a different order of priority in an addendum to his estate.the Adoption Agreement, to: (1) The Participant's surviving spouse; (2) The Participant's children, including adopted children, per stirpes (3) The Participant's surviving parents, in equal shares; or