Common use of DISABILITY ASSISTANCE PAYMENTS Clause in Contracts

DISABILITY ASSISTANCE PAYMENTS. If the total amount of all Government Funded Benefits paid into this and another Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year exceeds the total amount of contributions (other than as a transfer in accordance with section 9 paid into this and another Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year then the following conditions must be adhered to: (a) If the calendar year is not a Specified Year for the Plan, and the conditions in section 10(2)(a) and (b) are not met in the calendar year, the total amount of Disability Assistance Payments made in the year from the Plan will not exceed the amount determined by the formula in paragraph 146.4(4)(I) of the ITA in respect of the Plan for the calendar year. When calculating the total amount, a transfer as detailed in section 9 is to be disregarded if payments are made in lieu of those that should have been made under the prior plan of the Beneficiary as described in paragraph 146.4(8)(d) of the ITA. A transfer as detailed in section 9 is to be disregarded if the transfer is made in lieu of a payment that would have been permitted to be made from the other plan in the calendar year if the transfer had not occurred. (b) If the Beneficiary has reached 27 years of age but not 59 years of age before the particular calendar year, the Beneficiary may direct that one or more Disability Assistance Payments be made from the Plan in the year provided that the total of all Disability Assistance Payments made from the plan in the year do not exceed the amount imposed by the constraints of paragraph (a) of this section. These payments may not be made from the Plan if the fair market value of the property held by the Plan Trust, immediately after the payment is made, would be less than the Assistance Holdback Amount in relation to the Plan. (c) If the Beneficiary has reached 59 years of age before the particular calendar year, the total of all Disability Assistance Payments made from the Plan in the year, will not be less than the amount determined by the formula described in paragraph 146.4(4)(l) of the ITA. If the property in the Plan Trust is insufficient to make available the required amount, a lesser amount may be paid.

Appears in 3 contracts

Samples: Account Agreement, Account Agreement, Account Agreement

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DISABILITY ASSISTANCE PAYMENTS. If the total amount of all Government Funded Benefits paid into this Plan and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year exceeds the total amount of contributions (other than as a transfer in accordance with section 9 10) paid into this Plan and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year then the following conditions must be adhered to: (a) a. If the calendar year is not a Specified Year for the Plan, and the conditions in section 10(2)(a) and (b) are not met in the calendar year, the total amount of Disability Assistance Payments made in the year from the Plan will not exceed the amount determined by the formula in paragraph 146.4(4)(I) of the ITA in respect of the Plan for the calendar yearSpecified Maximum Amount. When calculating the total amount, a transfer as detailed in section 9 10 is to be disregarded if payments are made in lieu of those that should have been made under the prior plan Registered Disability Savings Plan of the Beneficiary as described in paragraph 146.4(8)(d) of the ITAAct. A transfer as detailed in section 9 10 is to be disregarded if the transfer is made in lieu of a payment that would have been permitted to be made from the other plan Registered Disability Savings Plan in the calendar year if the transfer had not occurred.; (b) b. If the Beneficiary has reached 27 years of age but not 59 years of age before the particular calendar year, the Beneficiary may direct that one or more Disability Assistance Payments be made from the Plan in the year provided that the total of all Disability Assistance Payments made from the plan Plan in the year do not exceed the amount imposed by the constraints of paragraph (a) of this section. These payments may not be made from the Plan if the fair market value of the property held by the Plan Trust, immediately after the payment is made, would be less than the Assistance Holdback Amount in relation to the Plan.; (c) c. If the Beneficiary has reached 59 years of age before the particular calendar year, the total of all Disability Assistance Payments made from the Plan in the year, will not be less than the amount determined by the formula described in paragraph 146.4(4)(l) of the ITALegislated Maximum Formula Result. If the property in the Plan Trust is insufficient to make available the required amount, a lesser amount may be paid.

Appears in 2 contracts

Samples: Individual Education Savings Plan Terms and Conditions and Declaration of Trust, Individual Education Savings Plan Terms and Conditions

DISABILITY ASSISTANCE PAYMENTS. If the total amount of all Government Funded Benefits paid into this and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year exceeds the total amount of contributions (other than as a transfer in accordance with section 9 paid into this and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year year, then the following conditions must be adhered to: (a) If the calendar year is not a Specified Year for the Plan, and the conditions in section 10(2)(a) and (b) are not met in the calendar year, the total amount of Disability Assistance Payments made in the year from the Plan will not exceed the amount determined by the formula in paragraph 146.4(4)(I) of the ITA in respect of the Plan for the calendar yearSpecified Maximum Amount. When calculating the total amount, a transfer as detailed in section 9 11 is to be disregarded if payments are made in lieu of those that should have been made under the prior plan Registered Disability Savings Plan of the Beneficiary as described in paragraph 146.4(8)(d) of the ITA. A transfer as detailed in section 9 11 is to be disregarded if the transfer is made in lieu of a payment that would have been permitted to be made from the other plan Registered Disability Savings Plan in the calendar year if the transfer had not occurred. (b) If the Beneficiary has reached 27 years of age but not 59 years of age before the particular calendar year, the Beneficiary may direct that one or more Disability Assistance Payments be made from the Plan in the year provided that the total of all Disability Assistance Payments made from the plan in the year do not exceed the amount imposed by the constraints of paragraph (a) a. of this section. These payments may not be made from the Plan if the fair market value of the property held by the Plan Trust, immediately after the payment is made, would be less than the Assistance Holdback Amount in relation to the Plan. (c) If the Beneficiary has reached 59 years of age before the particular calendar year, the total of all Disability Assistance Payments made from the Plan in the year, will not be less than the amount determined by the formula described in paragraph 146.4(4)(l) of the ITA. If the property in the Plan Trust is insufficient to make available the required amount, a lesser amount may be paid.

Appears in 1 contract

Samples: Disability Savings Plan Trust Agreement

DISABILITY ASSISTANCE PAYMENTS. If the total amount of all Government Funded Benefits paid into this and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year exceeds the total amount of contributions (other than as a transfer in accordance with section 9 paid into this and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year year, then the following conditions must be adhered to: (a) a. If the calendar year is not a Specified Year for the Plan, and the conditions in section 10(2)(a) and (b) are not met in the calendar year, the total amount of Disability Assistance Payments made in the year from the Plan will not exceed the amount determined by the formula in paragraph 146.4(4)(I) of the ITA in respect of the Plan for the calendar yearSpecified Maximum Amount. When calculating the total amount, a transfer as detailed in section 9 11 is to be disregarded if payments are made in lieu of those that should have been made under the prior plan of the Beneficiary as described in paragraph 146.4(8)(d) of the ITA. A transfer as detailed in section 9 11 is to be disregarded if the transfer is made in lieu of a payment that would have been permitted to be made from the other plan in the calendar year if the transfer had not occurred. (b) b. If the Beneficiary has reached 27 years of age but not 59 years of age before the particular calendar year, the Beneficiary may direct that one or more Disability Assistance Payments be made from the Plan in the year provided that the total of all Disability Assistance Payments made from the plan in the year do not exceed the amount imposed by the constraints of paragraph (a) a. of this section. These payments may not be made from the Plan if the fair market value of the property held by the Plan Trust, immediately after the payment is made, would be less than the Assistance Holdback Amount in relation to the Plan. (c) c. If the Beneficiary has reached 59 years of age before the particular calendar year, the total of all Disability Assistance Payments made from the Plan in the year, year will not be less than the amount determined by the formula described in paragraph 146.4(4)(l) of the ITALegislated Maximum Formula Result. If the property in the Plan Trust is insufficient to make available the required amount, a lesser amount may be paid.

Appears in 1 contract

Samples: Trust Agreement

DISABILITY ASSISTANCE PAYMENTS. If the total amount of all Government Funded Benefits paid into this and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year exceeds the total amount of contributions (other than as a transfer in accordance with section 9 paid into this and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year year, then the following conditions must be adhered to: (a) If the calendar year is not a Specified Year for the Plan, Plan and the conditions in section 10(2)(aclauses 146.4(p)(ii)(A) and (bB) of the ITA are not met in the calendar year, the total amount of Disability Assistance Payments made in the year from the Plan will shall not exceed the amount determined by the formula in paragraph 146.4(4)(I) of the ITA in respect of the Plan for the calendar yearSpecified Maximum Amount. When calculating the total amount, a transfer as detailed in section 9 11 is to be disregarded if payments are made in lieu of those that should have been made under the prior plan Registered Disability Savings Plan of the Beneficiary as described in paragraph 146.4(8)(d) of the ITA. A transfer as detailed in section 9 11 is to be disregarded if the transfer is made in lieu of a payment that would have been permitted to be made from the other plan Registered Disability Savings Plan in the calendar year if the transfer had not occurred. (b) If the Beneficiary has reached 27 years of age but not 59 years of age before the particular calendar year, the Beneficiary may direct that one or more Disability Assistance Payments be made from the Plan in the year provided that the total of all Disability Assistance Payments made from the plan in the year do not exceed the amount imposed by the constraints of paragraph (a) a. of this section. These payments may not be made from the Plan if the fair market value of the property held by the Plan Trust, immediately after the payment is made, would be less than the Assistance Holdback Amount in relation to the Plan. (c) If the Beneficiary has reached 59 years of age before the particular calendar year, the total of all Disability Assistance Payments made from the Plan in the year, will not be less than the amount determined by the formula described in paragraph 146.4(4)(l) of the ITA. If the property in the Plan Trust is insufficient to make available the required amount, a lesser amount may be paid.

Appears in 1 contract

Samples: Disability Savings Plan Trust Agreement

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DISABILITY ASSISTANCE PAYMENTS. (a) If the total amount of all Government Government-Funded Benefits paid into this and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year exceeds the total amount of contributions (other than as a transfer in accordance with section 9 paid into this and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year year, then the following conditions must be adhered to: (a) i. If the calendar year is not a Specified Year for the Plan, and the conditions in section 10(2)(a) and (b) are not met in the calendar year, the total amount of Disability Assistance Payments made in the year from the Plan will not exceed the amount determined by the formula in paragraph 146.4(4)(I) of the ITA in respect of the Plan for the calendar yearSpecified Maximum Amount. When calculating the total amount, a transfer as detailed in section 9 (Transfers) is to be disregarded if payments are made in lieu of those that should have been made under the prior plan of the Beneficiary as described in paragraph 146.4(8)(d) of the ITA. A transfer as detailed in section 9 is to be disregarded , or if the transfer is made in lieu of a payment that would have been permitted to be made from the other plan in the calendar year if the transfer had not occurred. (b) ii. If the Beneficiary has reached 27 years of age but not 59 years of age before the particular calendar year, the Beneficiary may direct that one or more Disability Assistance Payments be made from the Plan in the year provided that the total of all Disability Assistance Payments made from the plan Plan in the year do not exceed the amount imposed by the constraints of paragraph (a) i. of this section. These payments may not be made from the Plan if the fair market value of the property held by the Plan TrustAssets, immediately after the payment is made, would be less than the Assistance Holdback Amount in relation to the Plan. (c) iii. If the Beneficiary has reached 59 years of age before the particular calendar year, the total of all Disability Assistance Payments made from the Plan in the year, year will not be less than the amount determined by the formula described in paragraph 146.4(4)(l) of the ITALDAP Formula Result. If the property in the Plan Trust is Assets are insufficient to make available the required amount, a lesser amount may be paid. (b) The Trustee shall, subject to the conditions set out in this section, permit Disability Assistance Payments that are not Lifetime Disability Assistance Payments. Any Disability Assistance Payments made shall be payable only to the: i. Beneficiary, in such manner as the Holder may direct; or ii. Beneficiary’s estate, if the Beneficiary has died and upon receipt of Estate Documents. (c) If a payment is made to a Beneficiary and is subsequently returned as undeliverable, the funds will be credited to a deposit account with the Agent in the name of the Beneficiary. All information required to open such deposit account will be the same as such information on record with the Agent.

Appears in 1 contract

Samples: Trust Agreement

DISABILITY ASSISTANCE PAYMENTS. If the total amount of all Government Funded Benefits paid into this and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year exceeds the total amount of contributions (other than as a transfer in accordance with section 9 paid into this and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year year, then the following conditions must be adhered to: (a) If the calendar year is not a Specified Year for the Plan, and the conditions in section 10(2)(a) and (b) are not met in the calendar year, the total amount of Disability Assistance Payments made in the year from the Plan will not exceed the amount determined by the formula in paragraph 146.4(4)(I146.4(4)(l) of the ITA in respect of the Plan for the calendar year. When calculating the total amount, a transfer as detailed in section 9 11 is to be disregarded if payments are made in lieu of those that should have been made under the prior plan of the Beneficiary as described in paragraph 146.4(8)(d) of the ITA. A transfer as detailed in section 9 11 is to be disregarded if the transfer is made in lieu of a payment that would have been permitted to be made from the other plan in the calendar year if the transfer had not occurred. (b) If the Beneficiary has reached 27 years of age but not 59 years of age before the particular calendar year, the Beneficiary may direct that one or more Disability Assistance Payments be made from the Plan in the year provided that the total of all Disability Assistance Payments made from the plan in the year do not exceed the amount imposed by the constraints of paragraph (a) a. of this section. These payments may not be made from the Plan if the fair market value of the property held by the Plan Trust, immediately after the payment is made, would be less than the Assistance Holdback Amount in relation to the Plan. (c) If the Beneficiary has reached 59 years of age before the particular calendar year, the total of all Disability Assistance Payments made from the Plan in the year, year will not be less than the amount determined by the formula described in paragraph 146.4(4)(l) of the ITALegislated Maximum Formula Result. If the property in the Plan Trust is insufficient to make available the required amount, a lesser amount may be paid.

Appears in 1 contract

Samples: Disability Savings Plan Trust Agreement

DISABILITY ASSISTANCE PAYMENTS. If the total amount of all Government Govern- ment Funded Benefits paid into this and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year exceeds the total amount of contributions (other than as a transfer in accordance with section 9 paid into this and another any other Registered Disability Savings Plan of the Beneficiary before the beginning of the calendar year then the following conditions must be adhered tomet: (a) If the calendar year is not a Specified Year for the Plan, and the conditions in section 10(2)(a) and (b) are not met in the calendar year, the total amount of Disability Assistance Payments made in the year from the Plan will not exceed the amount determined by the formula in paragraph 146.4(4)(I) of the ITA in respect of the Plan for the calendar yearSpecified Maximum Amount. When calculating the total amount, a transfer as detailed in section 9 8 is to be disregarded if payments pay- ments are made in lieu of those that should have been made under the prior plan of the Beneficiary as described in paragraph 146.4(8)(d) of the ITA. A transfer as detailed in section 9 8 is to be disregarded if the transfer is made in lieu of a payment that would have been permitted to be made from the other plan in the calendar year if the transfer had not occurred. (b) If the Beneficiary has reached 27 years of age but not 59 years of age before the particular calendar year, the Beneficiary beneficiary may direct that one or more Disability Assistance Payments disability assistance payments be made from the Plan this plan in the year provided that the total of all Disability Assistance Payments disability assistance pay- ments made from the this plan in the year do does not exceed the amount imposed by the constraints of paragraph (a) of this section. These payments may not be made from the Plan if the fair market value of the property held by the Plan Trust, immediately after the payment is made, would be less than the Assistance Holdback Amount in relation to the Plan. (c) If the Beneficiary has reached 59 years of age before the particular calendar year, the total of all Disability Assistance Payments made from the Plan in the year, will not be less than the amount determined by the formula described in paragraph 146.4(4)(l) of the ITA. If the property in the Plan Trust is insufficient to make available the required amount, a lesser amount may be paid.

Appears in 1 contract

Samples: Declaration of Trust

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