General Withdrawal Provisions. Subject to the following provisions of this Section, the Participant may direct us to withdraw all or a portion of his Account Value pursuant to Sections 5.2 and 5.3 to provide a cash payment to him. (a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits. (b) Amounts attributable to Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits. (c) Amounts attributable to Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that any distribution of such amount shall not occur until the Participant has either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRS), or experienced a hardship (as defined by the IRS). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn. (d) Withdrawal of any amount from this contract which is transferred directly by us pursuant to a Participant's instructions to another tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a benefit for purposes of Section 5.2. Any such withdrawal is subject to application of the Withdrawal Charge pursuant to Sectoion 5.3. (e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover. (f) We are not responsible for determining a Participant's compliance with the requirements above. Any withdrawal request submitted by the Participant must include certification as to the purpose of the withdrawal. The Participant assumes full responsibility for determining whether any withdrawal is permitted under applicable law. We may rely solely upon his representations made in the withdrawal request. (g) Withdrawals from a Participant Account's share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's entire share of the Investment Option. If a withdrawal reduces the Participant Account's share of an Investment Option to less than $500, such remaining share shall also be withdrawn. (h) A withdrawal request is effective, and the Account Value to be applied pursuant to Sections 5.2 and 5.3 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later). (i) We will pay any cash lump-sum to the Participant within 7 days from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to 6 months after we receive the withdrawal request. (j) Withdrawals from a Participant Account's share of the FIA will be made on a first-in/first- out basis under Section 3.4. (k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
Samples: Voluntary Tda Custodial Contract (Aul American Unit Trust)
General Withdrawal Provisions. Subject to the following provisions of this Section, at any time prior to termination of the Participant contract pursuant to Article 8, the Contractholder may direct us AUL to withdraw all or a portion of his a Participant Account Value pursuant to Sections 5.2 4.2 and 5.3 4.3 to provide Plan benefits (other than Plan termination benefits). Such Contractholder direction must be submitted to AUL at its Home Office in a cash payment form acceptable to himAUL.
(a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Code Section 403(b) Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Code Section 403(b) Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that the withdrawal is made to provide a loan or that any distribution of such amount shall not occur until the Participant has either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRSPlan), or experienced a hardship (as defined by the IRSPlan). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn.
(d) Withdrawal of any amount from this contract which is transferred directly by us AUL pursuant to a Participant's Contractholder or Participant instructions to another Code Section 403(b) tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a Plan benefit for purposes of Section 5.2. Any 4.2, but instead is a Contract termination as to that amount for that Participant; and any such withdrawal is shall be subject to application of the Withdrawal Charge pursuant to Sectoion 5.3Section 4.3. The Contractholder hereby grants to a Participant the right to direct the withdrawal and direct transfer of such Participant's voluntary Elective Deferrals (as determined by the Contractholder) to another Code Section 403(b) tax-deferred annuity funding vehicle.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are AUL shall not be responsible for determining a Participant's compliance with the requirements above. Any withdrawal request submitted by the Participant must Contractholder shall include certification as to the purpose of the withdrawal. The Participant Contractholder assumes full responsibility for determining whether any withdrawal is permitted under applicable lawlaw and under the terms of a particular Plan. We AUL may rely solely upon his the representations of the Contractholder made in the withdrawal request.
(g) Withdrawals from a Participant Account's share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's entire share of the Investment OptionOption as of the close of business on the Valuation Date that AUL receives that withdrawal request (or due proof of death, if received later), in a form acceptable to AUL, at its Home Office. If a withdrawal reduces the Participant Account's share of an Investment Option to less than $500, such remaining share shall also be withdrawn.
(h) A withdrawal request is shall be effective, and the Account Value to be applied pursuant to Sections 5.2 and 5.3 is 4.2, 4.3, or 4.4 shall be determined, as of the close of business on the Business Day Valuation Date that we receive AUL receives a proper withdrawal request (or due proof of death, if received later), in a form acceptable to AUL, at its Home Office.
(i) We will AUL shall pay any cash lump-lump sum to the Participant Contractholder or to whomever the Contractholder directs within 7 days from the appropriate Business Day Valuation Date as determined in Subsection (h) above, except as we AUL may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve AUL reserves the right to defer the payment of amounts withdrawn from the FIA Fixed Interest Account for a period of up to 6 months after we receive AXX receives the withdrawal requestrequest at its Home Office.
(j) Withdrawals from a Participant Account's share of the FIA will be made on a first-in/first- out basis under Section 3.4.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
Samples: Employer Sponsored Qualified New Multiple Fund Va Contract (Aul American Unit Trust)
General Withdrawal Provisions. Subject to the following provisions of this Section, and prior to notification of contract termination (but not thereafter), the Participant Contractholder may direct us to withdraw all or a portion of his your Account Value pursuant to Sections Section 5.2 and 5.3 to provide a cash single-sum payment to himthe Contractholder to pay Plan benefits.
(a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Code Section 403(b) Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Code Section 403(b) Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that the withdrawal is made to provide a loan or that any distribution of such amount shall not occur until the Participant has you have either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRSPlan), or experienced a hardship (as defined by the IRSPlan). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn.
(d) Withdrawal of any amount from this the contract which is transferred directly by us pursuant to a Participantthe Contractholder's or your instructions to another Code Section 403(b) tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a Plan benefit for purposes of Section 5.2. Any , but instead is a Contract termination as to that amount for you; and any such withdrawal is subject to application of the Withdrawal Charge pursuant to Sectoion 5.3Section 5.2(a)(3). The Contractholder grants to you the right to direct the withdrawal and direct transfer of your voluntary Elective Deferrals (as determined by the Contractholder) to another Code Section 403(b) tax-deferred annuity funding vehicle.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are not responsible for determining a Participant's your compliance with the requirements above. Any withdrawal request submitted by the Participant Contractholder must include certification as to the purpose of the withdrawal. The Participant Contractholder assumes full responsibility for determining whether any withdrawal is permitted under applicable lawlaw and under the terms of a particular Plan. We may rely solely upon his the Contractholder's representations made in the withdrawal request.
(g) [Withdrawals from a your Participant Account's Account FIA share of any Investment Option may not be made in an amount less than the smaller of $500 or the your Participant Account's Account entire share of the Investment OptionFIA share. If a withdrawal reduces the your Participant Account's Account FIA share of an Investment Option to less than $500, such remaining share shall also be withdrawn.] GB10.OM-C [(SBR)] 12
(h) A withdrawal request is effective, and the Account Value to be applied pursuant to Sections Section 5.2 and 5.3 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later).
(i) We will pay any cash lump-sum to the Participant Contractholder or its designee within [7 days days] from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to [6 months months] after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's share of the FIA will be made on a first-in/first- out basis under Section 3.4.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
Samples: Guaranteed Benefit Employer Sponsored Tda and Qualified Plan (Aul American Unit Trust)
General Withdrawal Provisions. Subject to the following provisions of this Section, the Participant and prior to notification of contract termination, you may direct us to withdraw all or a portion of his a Participant's Account Value pursuant to Sections 5.2 and 5.3 to provide a cash payment to himyou to pay Plan benefits.
(a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Code Section 403(b) Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Code Section 403(b) Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that the withdrawal is made to provide a loan or that any distribution of such amount shall not occur until the Participant has either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRSPlan), or experienced a hardship (as defined by the IRSPlan). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn.
(d) Withdrawal of any amount from this contract which is transferred directly by us pursuant to a Participant's your or Participant instructions to another Code Section 403(b) tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a Plan benefit for purposes of Section 5.2. Any , but instead is a Contract termination as to that amount for that Participant; and any such withdrawal is shall be subject to application of the Withdrawal Charge pursuant to Sectoion Section 5.3. You hereby grant to a Participant the right to direct the withdrawal and direct transfer of his voluntary Elective Deferrals (as determined by you) to another Code Section 403(b) tax-deferred annuity funding vehicle.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are not responsible for determining a Participant's compliance with the requirements above. Any withdrawal request submitted by the Participant you must include certification as to the purpose of the withdrawal. The Participant assumes You assume full responsibility for determining whether any withdrawal is permitted under applicable lawlaw and under the terms of a particular Plan. We may rely solely upon his your representations made in the withdrawal request.
. (g) Withdrawals from a Participant Account's share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's entire share of the Investment Option. If a withdrawal reduces the Participant Account's share of an Investment Option to less than $500, such remaining share shall also be withdrawn.. P-GB-K-AUL1MFVA.10
(h) A withdrawal request is effective, and the Account Value to be applied pursuant to Sections 5.2 and 5.3 5.2, 5.3, or 5.4 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later).
(i) We will pay any cash lump-sum to the Participant you or to whomever you direct within 7 days from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to 6 months after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's share of the FIA will be made on a first-in/first- out basis under Section 3.43.6.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
General Withdrawal Provisions. Subject to the following provisions of this Section, the Participant and prior to notification of contract termination (but not thereafter), you may direct us to withdraw all or a portion of his a Participant's Account Value pursuant to Sections Section 5.2 and 5.3 to provide a cash single-sum payment to himyou to pay Plan benefits.
(a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Code Section 403(b) Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Code Section 403(b) Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that the withdrawal is made to provide a loan or that any distribution of such amount shall not occur until the Participant has either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRSPlan), or experienced a hardship (as defined by the IRSPlan). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn.
(d) Withdrawal of any amount from this contract which is transferred directly by us pursuant to a Participant's your or Participant instructions to another Code Section 403(b) tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a Plan benefit for purposes of Section 5.2. Any , but instead is a Contract termination as to that amount for that Participant; and any such withdrawal is shall be subject to application of the Withdrawal Charge pursuant to Sectoion 5.3Section 5.2(a)(3). You hereby grant to a Participant the right to direct the withdrawal and direct transfer of his voluntary Elective Deferrals (as determined by you) to another Code Section 403(b) tax-deferred annuity funding vehicle.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are not responsible for determining a Participant's compliance with the requirements above. Any withdrawal request submitted by the Participant you must include certification as to the purpose of the withdrawal. The Participant assumes You assume full responsibility for determining whether any withdrawal is permitted under applicable lawlaw and under the terms of a particular Plan. We may rely solely upon his your representations made in the withdrawal request.
(g) [Withdrawals from a Participant Account's FIA share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's entire share of the Investment OptionFIA share. If a withdrawal reduces the Participant Account's FIA share of an Investment Option to less than $500, such remaining share shall also be withdrawn.]
(h) A withdrawal request is effective, and the Account Value to be applied pursuant to Sections Section 5.2 and 5.3 is determined, on the Business Day that we receive a proper withdrawal request (or due GB10.OM-K [(SBR)] 11 proof of death, if received later).
(i) We will pay any cash lump-sum to the Participant you or your designee within [7 days days] from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to [6 months months] after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's share of the FIA will be made on a first-in/first- out basis under Section 3.4.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
Samples: Guaranteed Benefit Employer Sponsored Tda and Qualified Plan (Aul American Unit Trust)
General Withdrawal Provisions. Subject to the following provisions of this Section, and prior to notification of Contract termination, the Participant Contractholder may direct us to withdraw all or a portion of his your Account Value pursuant to Sections Section 5.2 and 5.3 to provide a cash payment to himthe Contractholder to pay Plan benefits.
(a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Code Section 403(b) Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Code Section 403(b) Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that the withdrawal is made to provide a loan or that any distribution of such amount shall not occur until the Participant has you have either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRSPlan), or experienced a hardship (as defined by the IRSPlan). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn.
(d) Withdrawal of any amount from this contract the Contract which is transferred directly by us pursuant to a Participantthe Contractholder's or your instructions to another tax-Code Section 403(b) tax- deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a Plan benefit for purposes of Section 5.2. Any , but instead is a Contract termination as to that amount for you; and any such withdrawal is subject to application of the Withdrawal Charge pursuant to Sectoion Section 5.3. The Contractholder grants to you the right to direct the withdrawal and direct transfer of your voluntary Elective Deferrals (as determined by the Contractholder) to another Code Section 403(b) tax-deferred annuity funding vehicle.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are not responsible for determining a Participant's your compliance with the requirements above. Any withdrawal request submitted by the Participant Contractholder must include certification as to the purpose of the withdrawal. The Participant Contractholder assumes full responsibility for determining whether any withdrawal is permitted under applicable lawlaw and under the terms of a particular Plan. We may rely solely upon his the Contractholder's representations made in the withdrawal request.
. (g) Withdrawals from a Participant Account's your share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's your entire share of the Investment Option. If a withdrawal reduces the Participant Account's your share of an Investment Option to less than $500, such remaining share shall also be withdrawn.. P-GB-C-AUL1MFVA.10
(h) A withdrawal request is effective, and the Account Value to be applied pursuant to Sections 5.2 and 5.3 Section 5.2, 5.3, or 5.4 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later).
(i) We will pay any cash lump-sum to the Participant Contractholder or to whomever the Contractholder directs within 7 days from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to 6 months after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's your share of the FIA will be made on a first-in/first- first-out basis under Section 3.43.6.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
General Withdrawal Provisions. Subject to the following provisions of this Section, the Participant you may direct us to withdraw all or a portion of his Account Value funds from the contract to pay Plan benefits pursuant to Sections 5.2 and 5.3 to provide a cash payment to himsection 5.2.
(a) [Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(bsection403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Elective Deferral Contributions made pursuant to a Code section 402(g)(3)(C) salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn distributed to provide such benefitsa Participant pursuant to the Plan, provided that any such distribution of such amount shall not occur until the Participant has either attained age 59 1/2, separated from servicesevered employment, died, become totally disabled (as defined by the IRSPlan), or experienced a hardship (as defined by the IRSPlan), or a withdrawal is made to provide a Plan loan. However, in In the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn. These timing restrictions do not apply to such Contributions (but they do apply to earnings thereon) that were contributed before 1989, to withdrawals to correct Excess Contributions, or to distributions due to Plan termination. With regard to amounts attributable to Code section403(b) Contributions made pursuant to a Code section402(g)(3)(C) salary reduction agreement, termination of the Code section 403(b) Plan and distribution of such accumulated amounts are permitted only if the Plan Sponsor (taking into account all entities that are treated as the same employer under Code section 414(b), (c), (m), or (o) on the date of the termination) does not make contributions to any Code section 403(b) contract that is not part of the Plan during the period beginning on the date of Plan termination and ending 12 months after distribution of all assets from the terminated Plan. However, if at all times during the period beginning 12 months before the termination and ending 12 months after distribution of all assets from the terminated Plan, fewer than 2% of the employees who were eligible under the Code section 403(b) Plan as of the date of Plan termination are eligible under the alternative Code section 403(b) contract, the alternative Code section 403(b) contract is disregarded.]
(db) Withdrawal [If this contract is issued after 2008, any distribution of Code section 403(b) Contributions other than Elective Deferrals discussed in Subsection (a) above shall not occur until the Participant has severed employment or upon the prior occurrence of some event specified in the Plan, such as the attainment of a stated age, after a fixed number of years of service, or disability. This restriction does not apply to withdrawals to correct Excess Contributions as provided in section 2.3, distributions of after-tax employee Contributions and earnings thereon, and distributions due to Plan termination.]
(c) An in-service withdrawal of any amount for a Participant from this contract which is transferred directly by us pursuant to your or a Participant's instructions to another Code section 403(b) tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a benefit for purposes of Section 5.2. Any such withdrawal is subject to application of the Withdrawal Charge pursuant Charge. You hereby grant to Sectoion 5.3a Participant the right to direct us to withdraw and make a direct transfer of his voluntary Elective Deferrals (as determined by you) to another Code section 403(b) tax-deferred annuity funding vehicle to the extent permitted by the Code and by applicable federal law.
(ed) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2section 1.403(b)-7(b)(2), the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that SectionCode section 402(c)(8)(B) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(fe) We are not responsible for determining a Participant's compliance with the requirements above. Any withdrawal request submitted by the Participant you must include certification as to the purpose of the withdrawal. The Participant assumes You assume full responsibility for determining whether any withdrawal is permitted under applicable lawlaw and under the terms of a particular Plan. We may rely solely upon his your representations made in the withdrawal request.
(g) Withdrawals from a Participant Account's share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's entire share of the Investment Option. If a withdrawal reduces the Participant Account's share of an Investment Option to less than $500, such remaining share shall also be withdrawn.
(hf) A withdrawal request is effective, and the Account Value to be applied pursuant to Sections section 5.2 and 5.3 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later).
(ig) We will pay any cash lump-sum to the Participant you or your designee within [7 days days] from the appropriate Business Day as determined in Subsection (hf) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to [6 months months] after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's share of the FIA will be made on a first-in/first- out basis under Section 3.4.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
General Withdrawal Provisions. Subject to the following provisions of this Section, and prior to notification of contract termination (but not thereafter), the Participant Contractholder may direct us to withdraw all or a portion of his your Account Value pursuant to Sections Section 5.2 and 5.3 to provide a cash single-sum payment to himthe Contractholder to pay Plan benefits.
(a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that the withdrawal is made to provide a loan or that any distribution of such amount shall not occur until the Participant has you have either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRSPlan), or experienced a hardship (as defined by the IRSPlan). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn.
(d) Withdrawal of any amount from this contract the Contract which is transferred directly by us pursuant to a Participant's Contractholder or your instructions to another Code Section 403(b) tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a Plan benefit for purposes of Section 5.2. Any , but instead is a Contract termination as to that amount for you, and any such withdrawal is subject to application of the Withdrawal Charge pursuant to Sectoion 5.3Section 5.2(a)(3). The Contractholder hereby grants to you the right to direct the withdrawal and direct transfer of your voluntary Elective Deferrals (as determined by the Contractholder) to another Code Section 403(b) tax-deferred annuity funding vehicle.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are not responsible for determining a Participant's your compliance with the requirements above. Any withdrawal request submitted by the Participant Contractholder must include certification as to the purpose of the withdrawal. The Participant Contractholder assumes full responsibility for determining whether any withdrawal is permitted under applicable lawlaw and under the terms of a particular Plan. We may rely solely upon his the Contractholder's representations made in the withdrawal request.
(g) [Withdrawals from a Participant Account's your FIA share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's your entire share of the Investment OptionFIA share. If a withdrawal reduces the Participant Account's your FIA share of an Investment Option to less than $500, such remaining share shall must also be withdrawn.]
(h) A withdrawal request is effective, and the your Account Value to be applied pursuant to Sections Section 5.2 and 5.3 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later).
(i) We will pay any cash lump-sum to the Participant within 7 days from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to 6 months after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's share of the FIA will be made on a first-in/first- out basis under Section 3.4.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
Samples: Guaranteed Benefit Employer Sponsored Tda Contract (Aul American Unit Trust)
General Withdrawal Provisions. Subject (a) As provided in Sections 4.2 and 4.3, at any time prior to termination of the contract pursuant to the following provisions of this SectionArticle 8, except as stated below, the Participant Contractholder, upon submitting a proper written request to AUL at its Home Office, may direct us AUL to withdraw all or a portion of his a Participant Account Value for the purpose of providing Plan benefits, other than Plan termination benefits, provided:
(1) that, if the amount being withdrawn is attributable to Contributions made pursuant to Sections 5.2 and 5.3 a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C):
(i) such withdrawal is made to provide a cash payment to him.loan; or
(aii) Amounts attributable to amounts held as any distribution of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.amount shall not occur until the Participant has:
(bA) Amounts attained age 59 1/2; or
(B) separated from service; or
(C) died; or
(D) become totally disabled (as defined by the Plan); or
(E) experienced a hardship (as defined by the Plan); or
(2) that the amount being withdrawn is attributable to Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)); or (3) may be that the amount being withdrawn is attributable to provide such benefitsamounts held as of December 31, l988 under another Code Section 403(b) annuity contract.
(c4) Amounts attributable to Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that any distribution of such amount shall not occur until the Participant has either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRS), or experienced a hardship (as defined by the IRS). However, in In the case of a hardship withdrawalwithdrawal referred to in (a)(1)(ii)(E) above, any gain credited to such Contributions may not be withdrawn.
(d5) Withdrawal of any amount from this contract which is transferred directly by us pursuant to a Participant's instructions to another tax-deferred annuity funding vehicle under applicable IRS rules and regulations is AUL shall not the provision of a benefit for purposes of Section 5.2. Any such withdrawal is subject to application of the Withdrawal Charge pursuant to Sectoion 5.3.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are not responsible for determining a Participant's compliance with the requirements above. Any withdrawal request submitted by the Participant must Contractholder shall include certification as to the purpose of the withdrawal. The Participant Contractholder assumes full responsibility for determining whether any withdrawal is permitted under applicable lawlaw and under the terms of a particular Plan. We AUL may rely solely upon his the representations of the Contractholder made in the withdrawal request. P-12621(BR).12
(6) Effective January 1, 1993, eligible rollover distributions as provided by applicable federal law, regulations, or rulings may be transferred to a substitute funding medium.
(gb) Withdrawals from a Participant Account's share of any an Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's entire share of the Investment Option. If a withdrawal reduces the Participant Account's share of an Investment Option to less than $500, such remaining share shall also be withdrawn.
(hc) A withdrawal request is shall be effective, and the Account Value to be applied pursuant to Sections 5.2 and 5.3 is 4.2, 4.3, or 4.4 shall be determined, as of the close of business on the Business Day Valuation Date that we receive AUL receives a proper written withdrawal request (or due proof of death, if received later)) at its Home Office, provided that AUL receives such request or due proof of death by 4:00 p.m. E.S.T. on that Valuation Date. If such request or due proof of death is received after 4:00 p.m. E.S.T., such request shall be effective as of the close of business on the next succeeding Valuation Date.
(id) We will AUL shall pay any cash lump-lump sum to the Participant Contractholder or to whomever the Contractholder directs within 7 days from the appropriate Business Day Valuation Date as determined in Subsection (hc) above, except as we AUL may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve AUL reserves the right to defer the payment of amounts withdrawn from the FIA Fixed Interest Account for a period of up to 6 months after we receive AUL receives the withdrawal requestrequest at its Home Office.
(j) Withdrawals from a Participant Account's share of the FIA will be made on a first-in/first- out basis under Section 3.4.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
Samples: Employer Sponsored Benefit Contract (Aul American Unit Trust)
General Withdrawal Provisions. Subject to the following provisions of this Section, the Participant you may direct us to withdraw all or a portion of his your Account Value pursuant to Sections 5.2 and 5.3 to provide a cash payment to himyou.
(a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that any distribution of such amount shall not occur until the Participant has you have either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRS), or experienced a hardship (as defined by the IRS). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn.
(d) Withdrawal of any amount from this contract the Contract which is transferred directly by us pursuant to a Participant's your instructions to another tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a benefit for purposes of Section 5.2. Any such withdrawal is subject to application of the Withdrawal Charge pursuant to Sectoion Section 5.3.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are not responsible for determining a Participant's your compliance with the requirements above. Any withdrawal request submitted by the Participant you submit must include your certification as to the purpose of the withdrawal. The Participant assumes You assume full responsibility for determining whether any withdrawal is permitted under applicable law. We may rely solely upon his your representations made in the withdrawal request.
(g) Withdrawals from a your Participant Account's share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's your entire share of the Investment Option. If a withdrawal reduces the Participant Account's your share of an Investment Option to less than $500, such the remaining share shall will also be withdrawn.
(h) A withdrawal request is effective, and the Account Value to be applied pursuant to Sections 5.2 and 5.3 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later).
(i) We will pay any cash lump-sum to the Participant you within 7 days from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with appropriate P-KC-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to 6 months after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's your share of the FIA will be made on a first-in/first- first-out basis under Section 3.4.
(k) Where a Participant has you have outstanding loans under this contractthe Contract, a partial withdrawal by a Participant you from the FIA is permitted only to the extent that the Participant's your remaining FIA Withdrawal Value equals twice the total of his your outstanding loans under this contractthe Contract.
Appears in 1 contract
Samples: Voluntary Tda Custodial Contract (Aul American Unit Trust)
General Withdrawal Provisions. Subject to the following provisions of this Section, the Participant and prior to notification of contract termination, you may direct us to withdraw all or a portion of his a Participant's Account Value pursuant to Sections 5.2 and 5.3 to provide a cash payment to himyou to pay Plan benefits.
(a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that the withdrawal is made to provide a loan or that any distribution of such amount shall not occur until the Participant has either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRSPlan), or experienced a hardship (as defined by the IRSPlan). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn.
(d) Withdrawal of any amount from this contract which is transferred directly by us pursuant to a Participant's your or Participant instructions to another tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a Plan benefit for purposes of Section 5.2. Any , but instead is a Contract termination as to that amount for that Participant; and any such withdrawal is shall be subject to application of the Withdrawal Charge pursuant to Sectoion Section 5.3. You hereby grant to a Participant the right to direct the withdrawal and direct transfer of his voluntary Elective Deferrals (as determined by you) to another tax-deferred annuity funding vehicle.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are not responsible for determining a Participant's compliance with the requirements above. Any withdrawal request submitted by the Participant you must include certification as to the purpose of the withdrawal. The Participant assumes You assume full responsibility for determining whether any withdrawal is permitted under applicable lawlaw and under the terms of a particular Plan. We may rely solely upon his your representations made in the withdrawal request.
. (g) Withdrawals from a Participant Account's share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's entire share of the Investment Option. If a withdrawal reduces the Participant Account's share of an Investment Option to less than $500, such remaining share shall also be withdrawn.P-GB-K-ERTDAMFVA.9
(h) A withdrawal request is effective, and the Account Value to be applied pursuant to Sections 5.2 and 5.3 5.2, 5.3, or 5.4 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later).
(i) We will pay any cash lump-sum to the Participant you or to whomever you direct within 7 days from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to 6 months after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's share of the FIA will be made on a first-in/first- out basis under Section 3.43.6.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
General Withdrawal Provisions. Subject to the following provisions of this Section, and prior to notification of Contract termination, the Participant Contractholder may direct us to withdraw all or a portion of his your Account Value pursuant to Sections Section 5.2 and 5.3 to provide a cash payment to himthe Contractholder to pay Plan benefits.
(a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that the withdrawal is made to provide a loan or that any distribution of such amount shall not occur until the Participant has you have either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRSPlan), or experienced a hardship (as defined by the IRSPlan). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn.
(d) Withdrawal of any amount from this contract the Contract which is transferred directly by us pursuant to a Participantthe Contractholder's or your instructions to another tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a Plan benefit for purposes of Section 5.2. Any , but instead is a Contract termination as to that amount for you; and any such withdrawal is subject to application of the Withdrawal Charge pursuant to Sectoion Section 5.3. The Contractholder hereby grants to you the right to direct the withdrawal and direct transfer of your voluntary Elective Deferrals (as determined by the Contractholder) to another tax-deferred annuity funding vehicle.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are not responsible for determining a Participantthe Contractholder's or your compliance with the requirements above. Any withdrawal request submitted by the Participant Contractholder must include certification as to the purpose of the withdrawal. The Participant Contractholder assumes full responsibility for determining whether any withdrawal is permitted under applicable lawlaw and under the terms of a particular Plan. We may rely solely upon his the Contractholder's representations made in the withdrawal request.
. (g) Withdrawals from a Participant Account's your share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's your entire share of the Investment Option. If a withdrawal reduces the Participant Account's your share of an Investment Option to less than $500, such remaining share shall also be withdrawn.
(h) A withdrawal request is effective, and the Account Value to be applied pursuant to Sections 5.2 and 5.3 Section 5.2, 5.3, or 5.4 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later).. P-GB-C-ERTDAMFVA.10
(i) We will pay any cash lump-sum to the Participant Contractholder or to whomever the Contractholder directs within 7 days from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to 6 months after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's your share of the FIA will be made on a first-in/first- first-out basis under Section 3.43.6.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
General Withdrawal Provisions. Subject to the following provisions of this Section, the Participant and prior to notification of contract termination (but not thereafter), you may direct us to withdraw all or a portion of his a Participant's Account Value pursuant to Sections Section 5.2 and 5.3 to provide a cash single-sum payment to himyou to pay Plan benefits.
(a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that the withdrawal is made to provide a loan or that any distribution of such amount shall not occur until the Participant has either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRSPlan), or experienced a hardship (as defined by the IRSPlan). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn.
(d) Withdrawal of any amount from this contract which is transferred directly by us pursuant to a Participant's your or Participant instructions to another Code Section 403(b) tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a Plan benefit for purposes of Section 5.2. Any , but instead is a Contract termination as to that amount for that Participant; and any such withdrawal is shall be subject to application of the Withdrawal Charge pursuant to Sectoion 5.3.
Section 5.2(a)(3). You hereby grant to a Participant the right to direct the withdrawal and direct transfer of his voluntary Elective Deferrals (as determined by you) to another Code Section 403(b) tax-deferred annuity funding vehicle. (e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are not responsible for determining a Participant's compliance with the requirements above. Any withdrawal request submitted by the Participant must include certification as to the purpose of the withdrawal. The Participant assumes full responsibility for determining whether any withdrawal is permitted under applicable law. We may rely solely upon his representations made in the withdrawal request.
(g) Withdrawals from a Participant Account's share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's entire share of the Investment Option. If a withdrawal reduces the Participant Account's share of an Investment Option to less than $500, such remaining share shall also be withdrawn.
(h) A withdrawal request is effective, and the Account Value to be applied pursuant to Sections 5.2 and 5.3 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later).
(i) We will pay any cash lump-sum to the Participant within 7 days from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to 6 months after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's share of the FIA will be made on a first-in/first- out basis under Section 3.4.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
Samples: Guaranteed Benefit Employer Sponsored Tda Contract (Aul American Unit Trust)
General Withdrawal Provisions. Subject to the following provisions of this Section, and prior to notification of contract termination (but not thereafter), [the Participant Plan Sponsor] may direct us to withdraw all or a portion of his the Account Value of a Participant [in its Plan] pursuant to Sections Section 5.2 and 5.3 to provide a cash single-sum payment to him[the Plan Sponsor] to pay Plan benefits.
(a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that the withdrawal is made to provide a loan or that any distribution of such amount shall not occur until the Participant has either attained age 59 1/2, separated from servicesevered employment, died, become totally disabled (as defined by the IRSPlan), or experienced a hardship (as defined by the IRSPlan). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn.
(d) Withdrawal of any amount from this contract which is transferred directly by us pursuant to a Participant's [Plan Sponsor] or Participant instructions to another Code Section 403(b) tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a Plan benefit for purposes of Section 5.2. Any , but instead is a Contract termination as to that amount for that Participant; and any such withdrawal is shall be subject to application of the Withdrawal Charge pursuant to Sectoion 5.3Section 5.2(a)(3). [The Plan Sponsor] hereby grants to a Participant the right to direct the withdrawal and direct transfer of his voluntary Elective Deferrals (as determined by [the Plan Sponsor]) to another Code Section 403(b)[(9)] tax-deferred annuity funding vehicle, subject to Plan provisions.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are not responsible for determining a Participant's compliance with the requirements above. Any withdrawal request submitted by the Participant must include certification as to the purpose of the withdrawal. [The Participant Plan Sponsor] assumes full responsibility for determining whether any withdrawal is permitted under applicable lawlaw and under the terms of its Plan. We may rely solely upon his [the Plan Sponsor's] representations made in the withdrawal request.
(g) [Withdrawals from a Participant Account's FIA share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's entire share of the Investment OptionFIA share. If a withdrawal reduces the Participant Account's FIA share of an Investment Option to less than $500, such remaining share shall also be withdrawn.]
(h) A withdrawal request is effective, and the Account Value to be applied pursuant to Sections Section 5.2 and 5.3 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later).. GBErTDA.OM-ChuK [(SBR)] 11
(i) We will pay any cash lump-sum to [the Participant Plan Sponsor or its designee] within [7 days days] from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to [6 months months] after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's share of the FIA will be made on a first-in/first- out basis under Section 3.4.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
General Withdrawal Provisions. Subject to the following provisions of this Section, at any time prior to termination of the Participant contract pursuant to Article 8, the Contractholder may direct us AUL to withdraw all or a portion of his a Participant Account Value pursuant to Sections 5.2 4.2 and 5.3 4.3 to provide Plan benefits (other than Plan termination benefits). Such Contractholder direction must be submitted to AUL at its Home Office in a cash payment form acceptable to himAUL.
(a) Amounts attributable to amounts held as of December 31, 1988 under another Code Section 403(b) annuity contract may be withdrawn to provide such benefits.
(b) Amounts attributable to Contributions made other than pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits.
(c) Amounts attributable to Contributions made pursuant to a salary reduction agreement (within the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefits, provided that the withdrawal is made to provide a loan or that any distribution of such amount shall not occur until the Participant has either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRSPlan), or experienced a hardship (as defined by the IRS). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawn.p-12621(BR).II.5
(d) Withdrawal of any amount from this contract which is transferred directly by us AUL pursuant to a Participant's Contractholder or Participant instructions to another tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a Plan benefit for purposes of Section 5.2. Any 4.2, but instead is a Contract termination as to that amount for that Participant; and any such withdrawal is shall be subject to application of the Withdrawal Charge pursuant to Sectoion 5.3Section 4.3. The Contractholder hereby grants to a Participant the right to direct the withdrawal and direct transfer of such Participant's voluntary Elective Deferrals (as determined by the Contractholder) to another tax-deferred annuity funding vehicle.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are AUL shall not be responsible for determining a Participant's compliance with the requirements above. Any withdrawal request submitted by the Participant must Contractholder shall include certification as to the purpose of the withdrawal. The Participant Contractholder assumes full responsibility for determining whether any withdrawal is permitted under applicable lawlaw and under the terms of a particular Plan. We AUL may rely solely upon his the representations of the Contractholder made in the withdrawal request.
. (g) Withdrawals from a Participant Account's share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's entire share of the Investment Option. If a withdrawal reduces the Participant Account's share of an Investment Option to less than $500, such remaining share shall also be withdrawn.
(h) A withdrawal request is effective, and the Account Value to be applied pursuant to Sections 5.2 and 5.3 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later).
(i) We will pay any cash lump-sum to the Participant within 7 days from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions of the federal securities laws. We reserve the right to defer the payment of amounts withdrawn from the FIA for a period of up to 6 months after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's share of the FIA will be made on a first-in/first- out basis under Section 3.4.
(k) Where a Participant has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only to the extent that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contract.
Appears in 1 contract
Samples: Employer Sponsored Benefit Contract (Aul American Unit Trust)
General Withdrawal Provisions. Subject to the following provisions of this Section, the Participant may direct us to withdraw all or (a) A Partner which has become a portion of his Account Value Withdrawn Partner pursuant to Sections 5.2 and 5.3 to provide a cash payment to him.12.1(a) or 12.4:
(a1) Amounts attributable shall not be entitled to amounts held payment or distribution of any positive balance in its capital account;
(2) shall not be entitled to reimbursement of any Equity Contributions, Additional Capital or Development Funds contributed and/or advanced prior to the date of its withdrawal;
(3) shall not be entitled to release of any Equity Guarantees and/or Project Guarantees provided prior to the date of its withdrawal, and such Equity Guarantees and/or Project Guarantees shall be released to the Withdrawn Partner only after they are no longer required by the Partnership, the Project, Collateral Agent, or any Person which is a party to a Project Contract, as the case may be;
(4) shall have only those rights specifically set forth in this Agreement and such Partner's status and rights as a Partner shall automatically terminate as of December 31, 1988 the date of withdrawal; and
(5) shall remain liable for all of its obligations under another Code Section 403(b) annuity contract may be withdrawn to provide such benefitsthis Agreement.
(b) Amounts attributable to Contributions made other than Except pursuant to Section 13.2, a salary reduction agreement (within withdrawal by one or more Partners as described in this Article 12 shall not effect a dissolution of the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide such benefitsPartnership.
(c) Amounts attributable to Contributions made pursuant The Partnership may set off any amounts owed to a salary reduction agreement (within Partner which has become a Withdrawn Partner against amounts owed to the meaning of Code Section 402(g)(3)(C)) may be withdrawn to provide Partnership by such benefits, provided that any distribution of such amount shall not occur until the Participant has either attained age 59 1/2, separated from service, died, become totally disabled (as defined by the IRS), or experienced a hardship (as defined by the IRS). However, in the case of a hardship withdrawal, any gain credited to such Contributions may not be withdrawnWithdrawn Partner.
(d) Withdrawal of any amount A Withdrawn Partner's withdrawal from this contract which is transferred directly by us pursuant to a Participant's instructions to another tax-deferred annuity funding vehicle under applicable IRS rules and regulations is not the provision of a benefit for purposes of Section 5.2. Any such withdrawal is subject to application of the Withdrawal Charge pursuant to Sectoion 5.3.
(e) If, as provided in Internal Revenue Code Regulation Section 1.403(b)-2T Q&A-2, the distributee of any eligible rollover distribution elects to have the distribution paid directly to an eligible retirement plan (as defined in Q&A-1 of that Section) and specifies the eligible retirement plan to which the distribution is to be paid, then the distribution shall be paid to that eligible retirement plan in a direct rollover.
(f) We are not responsible for determining a Participant's compliance with the requirements above. Any withdrawal request submitted by the Participant must include certification as to the purpose of the withdrawal. The Participant assumes full responsibility for determining whether any withdrawal is permitted under applicable law. We may rely solely upon his representations made in the withdrawal request.
(g) Withdrawals from a Participant Account's share of any Investment Option may not be made in an amount less than the smaller of $500 or the Participant Account's entire share of the Investment Option. If a withdrawal reduces the Participant Account's share of an Investment Option to less than $500, such remaining share shall also be withdrawn.
(h) A withdrawal request is effective, and the Account Value to be applied Partnership pursuant to Sections 5.2 12.1 or 12.4 is not an exclusive right or remedy and 5.3 is determined, on the Business Day that we receive a proper withdrawal request (or due proof of death, if received later).
(i) We will pay any cash lump-sum additional to the Participant within 7 days from the appropriate Business Day as determined in Subsection (h) above, except as we may be permitted to defer such payment of amounts withdrawn from the Variable Account in accordance with P-K-TDAMFVA-GMDB(BR).9 appropriate provisions rights and remedies of the federal securities lawsPartnership and/or the Non-Withdrawn Partners which are described in the following sentence. We reserve The Partnership and/or the Non-Withdrawn Partners shall have and may exercise (without regard to prior, concurrent, or subsequent exercise of any other rights or remedies) all rights and remedies at law and in equity (including, but not limited to, the right to defer the payment seek damages and specific performance of amounts withdrawn from the FIA for a period of up those obligations that continue uncured by such Withdrawn Partner (without regard to 6 months after we receive the withdrawal request.
(j) Withdrawals from a Participant Account's share of the FIA will be made on a firstwhether or not any Non-in/first- out basis under Section 3.4.
(k) Where a Participant Withdrawn Partners or Additional Partner has outstanding loans under this contract, a partial withdrawal by a Participant from the FIA is permitted only succeeded to the extent Withdrawn Partner's obligations (including Monetary Obligations) hereunder), the Parties acknowledging that the Participant's remaining FIA Withdrawal Value equals twice the total of his outstanding loans under this contractremedies at law would be inadequate).
Appears in 1 contract
Samples: Limited Partnership Agreement (Tenaska Georgia Partners Lp)