Common use of Determination of Distribution Periods Clause in Contracts

Determination of Distribution Periods. For purposes of determining minimum distributions under Section 9.5, the determination of distribution periods under (a) above shall be made in accordance with section 401(a)(9) of the Code, the Treasury Regulations thereunder and the following: (1) the Beneficiary as of the date benefits are required to commence under Section 8.5, shall be determinative; provided that if annuity payments commence to a Participant on or before the date benefits are required to commence, the Beneficiary determined as of any date during the 90 days before the commencement of annuity payments shall be determinative; (2) if more than one individual would be a Participant’s Beneficiary as of the date benefits are required to commence under Section 8.5, the individual Beneficiary with the shortest life expectancy shall be determinative; provided that if the Participant’s spouse is a Beneficiary and the spouse’s life expectancy is recalculated pursuant to Section 9.6, that recalculated life expectancy shall be compared annually to the remaining life expectancies of the other Beneficiaries, not recalculated, and the shortest life expectancy shall be used for determining the minimum distribution for that calendar year; (3) if, as of the date benefits are required to commence under Section 8.5, at least one of the Participant’s Beneficiaries would be other than an individual (other than a trust satisfying the requirements of (5) below), the distribution periods specified in (a)(2) and (4) above shall not be available; (4) any Beneficiary whose entitlement, as of that date, is contingent on the death of a prior Beneficiary shall be disregarded; (5) if a trust is a Participant’s Beneficiary, the beneficiaries of that trust (and not the trust itself) shall be treated as the Participant’s Beneficiaries if all of the following requirements are met: (A) the trust is valid under state law (or would be but for the fact that there is no corpus); (B) the trust is irrevocable; (C) the trust’s beneficiaries are identifiable from the trust instrument; and (D) a copy of the trust instrument is provided to the Plan.

Determination of Distribution Periods. For purposes of determining minimum distributions under Section 9.5, the The determination of distribution periods under (ac)(2) above shall be made in accordance with section 401(a)(9) of the Code, the Treasury Regulations thereunder and the following: (1) the Beneficiary as of the date benefits are required to commence under Section 8.5of the Participant’s death (or, shall be determinative; provided that if annuity payments commence to a Participant on or before the date benefits are required to commenceapplicable, the Beneficiary determined as of any date during the 90 days before the commencement of annuity payments surviving spouse’s death) shall be determinative; (2) if more than one individual would be a Participant’s (or Surviving Spouse’s) Beneficiary as of the date benefits are required to commence under Section 8.5of the Participant’s death (or, if applicable, the surviving spouse’s death) the individual Beneficiary with the shortest life expectancy shall be determinative; provided that if the Participant’s spouse is a Beneficiary and the spouse’s life expectancy is recalculated pursuant to Section 9.6(f) below, that recalculated life expectancy shall be compared annually to the remaining life expectancies of the other Beneficiaries, not recalculated, and the shortest life expectancy shall be used for determining the minimum distribution for that calendar year; (3) if, as of the date benefits are required to commence under Section 8.5of the Participant’s death, at least one of the Participant’s Beneficiaries would be is other than an individual (other than a trust satisfying the requirements of (5) below), the distribution periods specified in (a)(2) and (4c)(2) above shall not be available; (4) any Beneficiary whose entitlement, as of that datethe date of the Participant’s death, is contingent on the death of a prior Beneficiary shall be disregarded; (5) if a trust is a Participant’s BeneficiaryBeneficiary as of the date of the Participant’s death, the beneficiaries of that trust (and not the trust itself) shall be treated as the Participant’s Beneficiaries if all of the following requirements are met: (A) the trust is valid under state law (or would be but for the fact that there is no corpus); (B) the trust is irrevocable; (C) the trust’s beneficiaries are identifiable from the trust instrument; and (D) a copy of the trust instrument is provided to the Plan.

Determination of Distribution Periods. For purposes of determining minimum distributions under Section 9.58.5, the determination of distribution periods under (a) above shall be made in accordance with section 401(a)(9) of the Code, the Treasury Regulations thereunder and the following: (1) the Beneficiary as of the date benefits are required to commence under Section 8.57.6(d), shall be determinative; provided that if annuity payments commence to a Participant on or before the date benefits are required to commence, the Beneficiary determined as of any date during the 90 days before the commencement of annuity payments shall be determinative; (2) if more than one individual would be a Participant’s 's Beneficiary as of the date benefits are required to commence under Section 8.57.6(d), the individual Beneficiary with the shortest life expectancy shall be determinative; provided that if the Participant’s 's spouse is a Beneficiary and the spouse’s 's life expectancy is recalculated pursuant to Section 9.68.6, that recalculated life expectancy shall be compared annually to the remaining life expectancies of the other Beneficiaries, not recalculated, and the shortest life expectancy shall be used for determining the minimum distribution for that calendar year; (3) if, as of the date benefits are required to commence under Section 8.57.6(d), at least one of the Participant’s 's Beneficiaries would be other than an individual (other than a trust satisfying the requirements of (5) below), the distribution periods specified in (a)(2) and (4) above shall not be available; (4) any Beneficiary whose entitlement, as of that date, is contingent on the death of a prior Beneficiary shall be disregarded; (5) if a trust is a Participant’s 's Beneficiary, the beneficiaries of that trust (and not the trust itself) shall be treated as the Participant’s 's Beneficiaries if all of the following requirements are met: (A) the trust is valid under state law (or would be but for the fact that there is no corpus); (B) the trust is irrevocable; (C) the trust’s 's beneficiaries are identifiable from the trust instrument; and (D) a copy of the trust instrument is provided to the Plan.

Determination of Distribution Periods. For purposes of determining minimum distributions under Section 9.5, the The determination of distribution periods under (ac)(2) above shall be made in accordance with section 401(a)(9) of the Code, the Treasury Regulations thereunder and the following: (1) the Beneficiary as of the date benefits are required to commence under Section 8.5of the Participant's death (or, shall be determinative; provided that if annuity payments commence to a Participant on or before the date benefits are required to commenceapplicable, the Beneficiary determined as of any date during the 90 days before the commencement of annuity payments surviving spouse's death) shall be determinative; (2) if more than one individual would be a Participant’s 's (or surviving spouse's) Beneficiary as of the date benefits are required to commence under Section 8.5of the Participant's death (or, if applicable, the surviving spouse's death) the individual Beneficiary with the shortest life expectancy shall be determinative; provided that if the Participant’s 's spouse is a Beneficiary and the spouse’s 's life expectancy is recalculated pursuant to Section 9.6(f) below, that recalculated life expectancy shall be compared annually to the remaining life expectancies of the other Beneficiaries, not recalculated, and the shortest life expectancy shall be used for determining the minimum distribution for that calendar year; (3) if, as of the date benefits are required to commence under Section 8.5of the Participant's death, at least one of the Participant’s 's Beneficiaries would be is other than an individual (other than a trust satisfying the requirements of (5) below), the distribution periods specified in (a)(2) and (4c)(2) above shall not be available; (4) any Beneficiary whose entitlement, as of that datethe date of the Participant's death, is contingent on the death of a prior Beneficiary shall be disregarded; (5) if a trust is a Participant’s Beneficiary's Beneficiary as of the date of the Participant's death, the beneficiaries of that trust (and not the trust itself) shall be treated as the Participant’s 's Beneficiaries if all of the following requirements are met: (A) the trust is valid under state law (or would be but for the fact that there is no corpus); (B) the trust is irrevocable; (C) the trust’s 's beneficiaries are identifiable from the trust instrument; and (D) a copy of the trust instrument is provided to the Plan.