Lost Participants. If the Plan Administrator is unable to locate any Participant or Beneficiary whose Account becomes distributable under Article VI or under Section 13.06 (a "lost Participant"), the Plan Administrator will apply the provisions of this Section 9.11.
Lost Participants. The Trustee will distribute the Accounts of lost Participants in a terminating Plan in accordance with the Plan Administrator's direction under Section 7.07(B).
Lost Participants. If the Plan Administrator is unable to locate any Participant or Beneficiary whose Account becomes distributable under the Plan or if the Plan has made a distribution, but the Participant for any reason does not cash the distribution check (a "lost Participant"), the Plan Administrator will apply the provisions of this Section 7.07. The provisions of this Section 7.07 no longer apply if the Plan Administrator, prior to taking action to dispose of the lost Participant's Account under Section 7.07(A)(2) or 7.07(B)(2), is able to complete the distribution.
Lost Participants. EWS hereby acknowledges and agrees that it shall cause the EWS RIP to retain responsibility for, and fully perform, pay and discharge, all Liabilities, when such Liabilities become due, relating to benefits attributable to any Lost Participant in the EWS RIP as of the Distribution Date.
Lost Participants. EWS hereby acknowledges and agrees that it shall cause the EWS Retirement Plan to retain responsibility for, and fully perform, pay and discharge, all Liabilities, when such Liabilities become due, relating to benefits attributable to any Lost Participant in the EWS Retirement Plan as of the Distribution Date.
Lost Participants. If the Plan Administrator is unable to locate any Participant or Beneficiary whose Account becomes distributable upon Plan termination, the Plan Administrator will apply Section 9.11 except Section 9.11(B) does not apply.
Lost Participants. If the Plan Administration Committee is unable to locate any Participant or Beneficiary whose Account becomes distributable under Article 6 (a “lost Participant”), the Plan Administration Committee will apply the provisions of this Section 9.14.
Lost Participants. If, after reasonable efforts by the Plan Administrator or his or her designee, a Participant cannot be located at the time benefits are payable, the Participant shall be presumed dead and the Plan Administrator shall use reasonable efforts to locate the Participant’s surviving spouse and/or Beneficiary, as applicable. If, after reasonable efforts by the Plan Administrator or his or her designee, the surviving spouse and/or Beneficiary cannot be located then the surviving spouse and/or Beneficiary shall be presumed to have predeceased the Participant and benefits payable under the Plan shall be forfeited subject to the rules set forth in the subsection (b).
Lost Participants. If the Retirement Plan Committee cannot ascertain the whereabouts of any person to whom a payment is due under the Plan, such payment may be treated as follows:
(a) If, prior to a payment and after the Retirement Plan Committee has made reasonable efforts to locate a missing Participant or Beneficiary, the Retirement Plan Committee is unable to locate the Participant or Beneficiary, then the payment due to such Participant or Beneficiary shall be forfeited in accordance with Section 7.2 of the Plan.
(b) If a payment has been made by issuing a check and such check is outstanding for more than 180 days, and the Retirement Plan Committee is unable to locate the Participant or Beneficiary who is the payee on the check after making reasonable efforts to do so, then the check and all remaining payments that would otherwise be due to such person shall be cancelled forfeited in accordance with Section 7.2 of the Plan.
(c) If a Participant or Beneficiary’s payment is treated as a forfeiture under Subsections 8.7(a) or 8.7(b) above, and such Participant or Beneficiary is located subsequent to such forfeiture, the Retirement Plan Committee shall reinstate the forfeited amount without adjustment for any investment gains or losses which may have occurred after the date of the forfeiture. A reinstatement under this Subsection 8.7(c) shall not be treated as an Annual Addition under Section 415 of the Code or Section 4.6 of the Plan.
(d) If a Participant or Beneficiary’s payment is treated as a forfeiture under Subsections 8.7(a) or 8.7(b) above, and the Plan is joined as a party to escheat proceedings involving such forfeited payment, the Plan will comply with the final judgment as if were a claim filed by the former Participant or Beneficiary and the Plan will make payment in accordance with the judgment.
(e) A Participant’s or Beneficiary’s payment shall not be treated as a forfeiture under Subsection 8.7(a) or 8.7(b) above unless and until the Retirement Plan Committee makes such efforts as are considered a reasonable fulfillment of the Retirement Plan Committee’s fiduciary obligations under ERISA Section 404(a), including use of such search methods as are recommended in guidance issued by the Department of Labor. To the extent a Participant’s or Beneficiary’s payment is forfeited in accordance with this Section 8.7, such forfeited amount may be used as described in Section 7.2(b).
Lost Participants. In the event the Committee or its designee, after reasonable inquiry, determines that it is unable to locate a Participant or beneficiary whose account is otherwise payable, the Committee (or such designee) may direct that such account shall be removed from the Plan’s active records; provided, however, that the Participant’s account shall be reinstated as an active account if and in the event the Participant or beneficiary thereafter shall make a valid claim therefor upon presentation of proper identification. Notwithstanding the foregoing, if, upon the expiration of any applicable dormancy period, the whereabouts of a Participant or beneficiary remains unknown because of a failure to keep the Plan Administrator apprised of his or her current mailing address in accordance with Section 3.8, the Plan Administrator may turn over the property attributable to any such Participant’s account to the unclaimed property unit of the state of the Participant’s (or beneficiary’s) last known mailing address pursuant to that state’s escheat laws. In such event, if a Participant (or beneficiary) subsequently makes himself or herself known to the Plan Administrator or the Committee, the sole recourse of such Participant (or beneficiary) shall be against the state to whom the property was distributed and there shall be no reinstatement of the Participant’s account under the Plan.
