In-Service Withdrawal Application and Notice. A Participant shall apply for any in-service withdrawal in such manner and with such advance notice as prescribed by the Administrator. Effective for in-service withdrawals applied for after December 31, 1992, the Participant shall be provided the notice prescribed by Code section 402(f). If an in-service withdrawal is one to which Code sections 401(a)(11) and 417 do not apply, such in-service withdrawal may commence less than 30 days after the aforementioned notice is provided, if: (a) the Participant is clearly informed that he or she has the right to a period of at least 30 days after receipt of such notice to consider his or her option to elect or not elect a Direct Rollover for the portion, if any, of his or her in-service withdrawal which will constitute an Eligible Rollover Distribution; and (b) the Participant after receiving such notice, affirmatively elects a Direct Rollover for the portion, if any, of his or her in-service withdrawal which will constitute an Eligible Rollover Distribution or alternatively elects to have such portion made payable directly to him or her, thereby not electing a Direct Rollover.
Appears in 2 contracts
Samples: Retirement Savings Plan and Trust Agreement (Southdown Inc), Plan and Trust Agreement (Roadway Services Inc)
In-Service Withdrawal Application and Notice. A Participant shall apply for any in-service withdrawal in such manner and with such advance notice as prescribed by the Administrator. Effective for in-service withdrawals applied for after December 31, 1992, the The Participant shall be provided the notice prescribed by Code section 402(f). If an in-service withdrawal is one to which Code sections 401(a)(11) and 417 do not apply, such apply to in-service withdrawals under the Plan as described in this Section. An in-service withdrawal may therefore commence less than 30 days after the aforementioned notice is provided, if:
(a) the Participant is clearly informed that he or she has the right to a period of at least 30 days after receipt of such notice to consider his or her option to elect or not elect a Direct Rollover for the all or a portion, if any, of his or her in-service withdrawal which will shall constitute an Eligible Rollover Distribution; and
(b) the Participant after receiving such notice, affirmatively elects a Direct Rollover for the all or a portion, if any, of his or her in-service withdrawal which will shall constitute an Eligible Rollover Distribution or alternatively elects to have such all or a portion made payable directly to him or her, thereby not electing a Direct RolloverRollover for all or a portion thereof.
Appears in 2 contracts
Samples: Retirement Savings Plan and Trust Agreement (Spieker Properties Inc), Financial Security Plan and Trust Agreement (Caliber System Inc)
In-Service Withdrawal Application and Notice. A Participant shall apply for any in-service withdrawal in such manner and with such advance notice as prescribed by the Administrator. Effective for in-service withdrawals applied for after December 31, 1992, the Participant shall be provided the notice prescribed by Code section 402(f). If an in-service withdrawal is one to which Code sections 401(a)(11) and 417 do not apply, such in-service withdrawal may commence less than 30 days after the aforementioned notice is provided, if:
(a) the Participant is clearly informed that he or she has the right to a period of at least 30 days after receipt of such notice to consider his or her option to elect or not elect a Direct Rollover for the all or a portion, if any, of his or her in-service withdrawal which will constitute an Eligible Rollover Distribution; and
(b) the Participant after receiving such notice, affirmatively elects a Direct Rollover for the all or a portion, if any, of his or her in-service withdrawal which will constitute an Eligible Rollover Distribution or alternatively elects to have such all or a portion made payable directly to him or her, thereby not electing a Direct RolloverRollover for all or a portion thereof.
Appears in 1 contract
Samples: Employees' Savings Plan and Trust Agreement (Timken Co)