Plan Benefit Payments. You will advise us of any person for whom a payment is due under the Plan, including the nature and amount of such payment, before the date such payment is due or as soon thereafter as is practicable. (a) Subject to the limitations provided in Section 5.1 and Subsection (b) below, prior to notification of contract termination (but not thereafter), you may direct us to withdraw all or a portion of a Participant Account to provide a single-sum payment to you to pay: (1) Plan benefits for retirement, death, disability, hardships, loans, required minimum distribution benefits pursuant to Code Section 401(a)(9), or, for Code Section 403(b) plans or profitsharing plans, benefits after age 59 1/2 or as otherwise allowed by the Code (provided that such benefits after age 59 1/2 or as otherwise allowed by the Code are paid in a taxable distribution to the Participant). Such a withdrawal is not subject to a Withdrawal Charge or Market Value Adjustment. (2) Plan benefits for termination of employment. Such a withdrawal is not subject to a Withdrawal Charge or Market Value Adjustment, with the following exceptions: (A) Any such payment requested for a Participant who terminates employment on or after the date your Plan is terminated is subject to a Withdrawal Charge and Market Value Adjustment. (B) Any such payment requested for a Participant whose termination of employment is part of a partial Plan termination under IRS guidelines is subject to a Withdrawal Charge and Market Value Adjustment. (C) Even if there is no full or partial Plan termination under paragraphs (1) and (2) above, any such termination of employment payments during the Contract Year (or, at our option, during the 365-day period preceding our receipt of a termination of employment benefit payment request) which exceed 20% of the aggregate Account Value of all Participant Accounts determined as of the first day of the Contract Year (or the first day of the 365-day period) are subject to a Withdrawal Charge and Market Value Adjustment. (D) Any such payment requested for a Participant who terminates employment on or after the date the Plan Sponsor files for protection under federal bankruptcy law, is deemed insolvent, dissolves, closes, GB10.OM-K [(SBR)] 12 or shuts down its business, or ceases operations is subject to a Withdrawal Charge and Market Value Adjustment. (3) Plan benefits not otherwise listed in paragraphs (1) and (2) above. Such a withdrawal is subject to a Withdrawal Charge and Market Value Adjustment.] (b) Regarding death benefits specifically, notwithstanding the provisions of Section 9, upon receipt from you of instructions and of due proof of the Participant's (and, if applicable, the beneficiary's) death prior to the date the Participant Account is closed, we will apply the Account Value of the Participant Account, minus any charges described in Section 7 that are not included in the Accumulation Unit value, for the purpose of providing a death benefit under the Plan. The death benefit will be paid to the Participant's beneficiary according to the method of payment elected by the beneficiary (unless such method of payment was previously elected by the Participant). The Participant's beneficiary may also designate a beneficiary. The Code Section 403(b) death benefit will be payable: (1) in a single sum or other method not provided in (2) below; provided, however, that the entire Account Value, minus any charges described in Section 7 that are not included in the Accumulation Unit value, must be paid to the beneficiary on or before December 31 of the calendar year which contains the fifth anniversary of the Participant's death, or (2) as an annuity in accordance with the Annuity Options shown in Section 6.2 over a period not to exceed the life or life expectancy of the beneficiary. If the beneficiary is not the Participant's surviving spouse, the annuity must begin on or before December 31 of the calendar year immediately following the calendar year in which the Participant died. If the beneficiary is the Participant's surviving spouse, the annuity need not begin before December 31 of the calendar year in which the Participant would have attained age 70 1/2. If a Participant dies on or after his Annuity Commencement Date, any interest remaining under the Annuity Option selected will be paid at least as rapidly as prior to the Participant's death. (c) Under Subsection (a)(2) (A), (B), (C), and (D) and under (a)(3) above, if the entire Account Value is withdrawn, the amount paid equals the Withdrawal Value minus any charges described in Section 7 which are not included in the Accumulation Unit value, subject to the Market Value Adjustment. If a portion of the Account Value is withdrawn, the Account Value is reduced by an amount sufficient to make the payment requested and to cover the Withdrawal Charge and any charges described in Section 7 which are not included in the Accumulation Unit value, subject to the Market Value Adjustment applied to all FIA amounts withdrawn from the Participant Account. (d) Notwithstanding the previous provisions of this Section, in the first Contract Year in which a Participant Account is established, you may withdraw from that Participant Account up to [10%] of the sum of the Account Value of that Participant Account (determined as of the later of the Contract Date or the Contract Anniversary immediately GB10.OM-K [(SBR)] 13 preceding the withdrawal request) plus Contributions made for that Participant during that Contract Year, without application of the Withdrawal Charge or Market Value Adjustment. You may do the same in the next succeeding Contract Year. In any subsequent Contract Year, you may withdraw from that Participant Account up to [10%] of the Account Value of that Participant Account (determined as of the Contract Anniversary immediately preceding the withdrawal request) without application of the Withdrawal Charge or Market Value Adjustment.
Appears in 1 contract
Samples: Guaranteed Benefit Employer Sponsored Tda and Qualified Plan (Aul American Unit Trust)
Plan Benefit Payments. You will advise us of any person for whom a payment is due under the Plan, including the nature and amount of such payment, before the date such payment is due or as soon thereafter as is practicable.
(a) Subject to the limitations provided in Section 5.1 and Subsection (b) below, prior to notification of contract termination (but not thereafter)termination, you may direct us to withdraw all or a portion of a Participant Participant's Account Value (subject to Section 7.5) to provide a single-sum cash payment to you to pay:
(1) pay Plan benefits (other than full or partial Plan termination benefits described in Section 5.3) for retirement, death, disability, termination of employment, hardships, loans, required minimum distribution benefits pursuant to Code Section 401(a)(9), or, for Code Section 403(b) plans or profitsharing plans, benefits after upon attainment of age 59 1/2 or as otherwise allowed by the Code (provided that such benefits after benefit upon attainment of age 59 1/2 or as otherwise allowed by the Code are is paid in a taxable distribution to the Participant). Such a withdrawal is not subject to a Withdrawal Charge or Market Value Adjustment.
(2) Charge. Any Plan benefits for termination of employment. Such a withdrawal is not subject to a Withdrawal Charge or Market Value Adjustment, with the following exceptions:
(A) Any such benefit cash payment requested for a Participant who terminates employment on or after the effective date your of Plan termination is terminated deemed to be a Plan termination benefit, and is subject to a Withdrawal Charge and Market Value Adjustment.
(B) Any pursuant to Section 5.3. Additionally, if 20% or more of the Participants terminate employment within the same Contract Year, any Plan benefit cash payment for such payment requested for a terminating Participant whose termination of employment is part of a partial Plan termination under IRS guidelines is subject to a Withdrawal Charge and Market Value Adjustmentpursuant to Section 5.3.
(C) Even if there is no full or partial Plan termination under paragraphs (1) and (2) above, any such termination of employment payments during the Contract Year (or, at our option, during the 365-day period preceding our receipt of a termination of employment benefit payment request) which exceed 20% of the aggregate Account Value of all Participant Accounts determined as of the first day of the Contract Year (or the first day of the 365-day period) are subject to a Withdrawal Charge and Market Value Adjustment.
(D) Any such payment requested for a Participant who terminates employment on or after the date the Plan Sponsor files for protection under federal bankruptcy law, is deemed insolvent, dissolves, closes, GB10.OM-K [(SBR)] 12 or shuts down its business, or ceases operations is subject to a Withdrawal Charge and Market Value Adjustment.
(3) Plan benefits not otherwise listed in paragraphs (1) and (2) above. Such a withdrawal is subject to a Withdrawal Charge and Market Value Adjustment.]
(b) Regarding death benefits specifically, notwithstanding the provisions of Section 9, upon receipt from you of instructions and of due proof of the Participant's (and, if applicable, the beneficiary's) death prior to the date the Participant Account is closed, we will apply the Account Value (subject to Section 7.5) of the Participant Account, minus any charges described in Section 7 that are not included in the Accumulation Unit value, Account for the purpose of providing a death benefit under the Plan. The death benefit will be paid to the Participant's beneficiary according to the method of payment elected by the beneficiary (unless such method of payment was previously elected by the Participant). The Participant's beneficiary may also designate a beneficiary. The Code Section 403(b) This death benefit will be payable:: P-GB-K-ERTDAMFVA.10
(1) in a single sum or other method not provided in (2) below; provided, however, that the entire Account Value, minus any charges described in Value (subject to Section 7 that are not included in the Accumulation Unit value, 7.5) must be paid to the beneficiary on or before December 31 of the calendar year which contains the fifth anniversary of the Participant's death, or
(2) as an annuity in accordance with the Annuity Options shown in Section 6.2 over a period not to exceed the life or life expectancy of the beneficiary. If the beneficiary is not the Participant's surviving spouse, the annuity must begin on or before December 31 of the calendar year immediately following the calendar year in which the Participant died. If the beneficiary is the Participant's surviving spouse, the annuity need not begin before December 31 of the calendar year in which the Participant would have attained age 70 1/2. If a Participant dies on or after his Annuity Commencement Date, any interest remaining under the Annuity Option selected will be paid at least as rapidly as prior to the Participant's death.
(c) Under Subsection (a)(2) (A), (B), (C), and (D) and . Any withdrawal request under (a)(3) above, if this Section must certify the entire Account Value is withdrawn, the amount paid equals the Withdrawal Value minus any charges described in Section 7 which are not included in the Accumulation Unit value, subject to the Market Value Adjustment. If a portion purpose of the Account Value is withdrawn, the Account Value is reduced by an amount sufficient to make the payment requested and to cover the Withdrawal Charge and any charges described in Section 7 which are not included in the Accumulation Unit value, subject to the Market Value Adjustment applied to all FIA amounts withdrawn from the Participant Accountrequest.
(d) Notwithstanding the previous provisions of this Section, in the first Contract Year in which a Participant Account is established, you may withdraw from that Participant Account up to [10%] of the sum of the Account Value of that Participant Account (determined as of the later of the Contract Date or the Contract Anniversary immediately GB10.OM-K [(SBR)] 13 preceding the withdrawal request) plus Contributions made for that Participant during that Contract Year, without application of the Withdrawal Charge or Market Value Adjustment. You may do the same in the next succeeding Contract Year. In any subsequent Contract Year, you may withdraw from that Participant Account up to [10%] of the Account Value of that Participant Account (determined as of the Contract Anniversary immediately preceding the withdrawal request) without application of the Withdrawal Charge or Market Value Adjustment.
Appears in 1 contract
Plan Benefit Payments. You will advise us of any person for whom a payment is due under the Plan, including the nature and amount of such payment, before the date such payment is due or as soon thereafter as is practicable. Any withdrawal request under this Section must certify the purpose of the request.
(a) Subject to the limitations provided in Section section 5.1 and Subsection (b) below, prior to notification of contract termination (but not thereafter), you may direct us to withdraw all or a portion of a Participant your Account Value to provide pay to you a single-sum payment to you to pay(except as described below) for:
(1) Plan benefits for retirement, death, disability, hardships, loans, required minimum distribution benefits pursuant to Code Section section 401(a)(9), or, for Code Section section 403(b) plans or profitsharing profit-sharing plans, benefits after age 59 1/2 or as otherwise allowed by the Code (provided that such benefits after age 59 1/2 or as otherwise allowed by the Code are paid in a taxable distribution to the Participant). Such a withdrawal is not subject to a Withdrawal Charge or Market Value AdjustmentCharge.
(2) Plan benefits for termination of employment. Such a withdrawal is not subject to a Withdrawal Charge or Market Value AdjustmentCharge, with the following exceptions:
(A) Any such payment requested for a Participant who terminates employment on or after the date your Plan is terminated is subject to a Withdrawal Charge and Market Value AdjustmentCharge.
(B) Any such payment requested for a Participant whose termination of employment is part of a partial Plan termination under IRS guidelines is subject to a Withdrawal Charge and Market Value AdjustmentCharge.
(C) Even if there is no full or partial Plan termination under paragraphs (1A) and (2B) above, we reserve the right to apply a Withdrawal Charge to any such termination of employment payments during the Contract Year (or, at our option, during the 365-day period preceding our receipt of a termination of employment benefit payment request) which GB10-KuportVA [(SBR)] 11 exceed 20% of the aggregate your Account Value of all Participant Accounts determined as of the first day of the Contract Year (or the first day of the 365-day period) are subject to a Withdrawal Charge and Market Value Adjustment).
(D) Any such payment requested for a Participant who terminates employment on or after the date the Plan Sponsor files for protection under federal bankruptcy law, is deemed insolvent, dissolves, closes, GB10.OM-K [(SBR)] 12 or shuts down its business, or ceases operations is subject to a Withdrawal Charge and Market Value AdjustmentCharge.
(3) Plan benefits not otherwise listed in paragraphs (1) and (2) above. Such a withdrawal is subject to a Withdrawal Charge and Market Value AdjustmentCharge.]
(b) Regarding death benefits specifically, notwithstanding the provisions of Section 9, upon receipt from you of instructions and of due proof of the Participant's Under Subsections (and, if applicable, the beneficiary's) death prior to the date the Participant Account is closed, we will apply the Account Value of the Participant Account, minus any charges described in Section 7 that are not included in the Accumulation Unit value, for the purpose of providing a death benefit under the Plan. The death benefit will be paid to the Participant's beneficiary according to the method of payment elected by the beneficiary (unless such method of payment was previously elected by the Participant). The Participant's beneficiary may also designate a beneficiary. The Code Section 403(b) death benefit will be payable:
(1) in a single sum or other method not provided in (2) below; provided, however, that the entire Account Value, minus any charges described in Section 7 that are not included in the Accumulation Unit value, must be paid to the beneficiary on or before December 31 of the calendar year which contains the fifth anniversary of the Participant's death, or
(2) as an annuity in accordance with the Annuity Options shown in Section 6.2 over a period not to exceed the life or life expectancy of the beneficiary. If the beneficiary is not the Participant's surviving spouse, the annuity must begin on or before December 31 of the calendar year immediately following the calendar year in which the Participant died. If the beneficiary is the Participant's surviving spouse, the annuity need not begin before December 31 of the calendar year in which the Participant would have attained age 70 1/2. If a Participant dies on or after his Annuity Commencement Date, any interest remaining under the Annuity Option selected will be paid at least as rapidly as prior to the Participant's death.
(c) Under Subsection (a)(2) (Aa)(2)(A), (B), (C), and (D) and under (a)(33) above, if the entire Account Value is withdrawn, the amount paid equals the Withdrawal Value minus any charges described in Section section 7 which that are not included in the Accumulation Unit value, subject to the Market Value Adjustment. If a portion of the Account Value is withdrawn, the Account Value is reduced by an amount sufficient to make the payment requested and to cover the Withdrawal Charge and any charges described in Section section 7 that are not included in the Accumulation Unit value. [However, under the exceptions specified in Subsections (a)(2) (A), (B), and (D) above, we reserve the right to pay you the FIA Account Value you request (subject to the Withdrawal Charge and any charges described in section 7 which are not included in the Accumulation Unit value, subject ) in 5 equal annual installments according to the Market Value Adjustment applied to all FIA amounts withdrawn from the Participant Account.
(d) Notwithstanding the previous provisions of section 9.2(a), except that the term "termination effective date" as used in section 9.2(a) shall be replaced by "withdrawal effective date." If we exercise this Sectionright to pay the FIA in installments, in the first Contract Year in which a Participant Account is established, you may withdraw from that Participant Account up to [10%] of the sum of the Account Value of that Participant Account (determined as of the later of the Contract Date or the Contract Anniversary immediately GB10.OM-K [(SBR)] 13 preceding the date we receive your withdrawal request, no transfers may be made from the FIA to any Investment Account.]
(c) plus Contributions made for that Participant during that Contract YearCode section 403(b) Required Minimum Distributions Prior to the Participant's Death: (
(1) Notwithstanding any provision of this contract to the contrary, without application the distribution of the Withdrawal Charge or Market Value Adjustment. You may do the same a Participant's post-1986 Code section 403(b) interest in the next succeeding Contract Yearcontract (amounts accruing after 1986, including post-1986 earnings on pre-1987 accrued amounts) will be made in accordance with the requirements of Code sections 403(b)(10) and 401(a)(9) and the regulations issued thereunder. In any subsequent Contract YearIf distributions are not made in the form of an annuity on an irrevocable basis (except for acceleration), you may withdraw from that Participant Account up to [10%] then distribution of a Participant's post-1986 Code section 403(b) "interest" in the Account Value contract (as determined under section 5.2(d)(2)(D) below) must satisfy the requirements of that Participant Account Code section 403(b)(10) and 401(a)(9) and the regulations issued thereunder, rather than the requirements of Paragraphs (determined as of the Contract Anniversary immediately preceding the withdrawal request2), (3), and (4) without application of the Withdrawal Charge or Market Value Adjustmentbelow and Subsection (d)(2) below.
Appears in 1 contract
Plan Benefit Payments. You The Contractholder will advise us of any person for whom a payment is due under the Plan, including the nature and amount of such payment, before the date such payment is due or as soon thereafter as is practicable.
(a) Subject to the limitations provided in Section 5.1 and Subsection (b) below, prior to notification of contract termination (but not thereafter)Contract termination, you the Contractholder may direct us to withdraw all or a portion of a Participant your Account Value (subject to Section 7.5) to provide a single-sum cash payment to you the Contractholder to pay:
(1) pay Plan benefits (other than full or partial Plan termination benefits described in Section 5.3) for retirement, death, disability, termination of employment, hardships, loans, required minimum distribution benefits pursuant to Code Section 401(a)(9), or, for Code Section 403(b) plans or profitsharing plans, benefits after upon attainment of age 59 1/2 or as otherwise allowed by the Code (provided that such benefits after benefit upon attainment of age 59 1/2 or as otherwise allowed by the Code are is paid in a taxable distribution to the Participantyou). Such a withdrawal is not subject to a Withdrawal Charge or Market Value Adjustment.
(2) Charge. Any Plan benefits for termination of employment. Such a withdrawal is not subject to a Withdrawal Charge or Market Value Adjustment, with the following exceptions:
(A) Any such benefit cash payment requested for a Participant who terminates you if you terminate employment on or after the effective date your of Plan termination is terminated deemed to be a Plan termination benefit, and is subject to a Withdrawal Charge and Market Value Adjustment.
(B) Any pursuant to Section 5.3. Additionally, if 20% or more of the Participants terminate employment within the same Contract Year, any Plan benefit cash payment for such payment requested for a terminating Participant whose termination of employment is part of a partial Plan termination under IRS guidelines is subject to a Withdrawal Charge and Market Value Adjustmentpursuant to Section 5.3.
(C) Even if there is no full or partial Plan termination under paragraphs (1) and (2) above, any such termination of employment payments during the Contract Year (or, at our option, during the 365-day period preceding our receipt of a termination of employment benefit payment request) which exceed 20% of the aggregate Account Value of all Participant Accounts determined as of the first day of the Contract Year (or the first day of the 365-day period) are subject to a Withdrawal Charge and Market Value Adjustment.
(D) Any such payment requested for a Participant who terminates employment on or after the date the Plan Sponsor files for protection under federal bankruptcy law, is deemed insolvent, dissolves, closes, GB10.OM-K [(SBR)] 12 or shuts down its business, or ceases operations is subject to a Withdrawal Charge and Market Value Adjustment.
(3) Plan benefits not otherwise listed in paragraphs (1) and (2) above. Such a withdrawal is subject to a Withdrawal Charge and Market Value Adjustment.]
(b) Regarding death benefits specifically, notwithstanding the provisions of Section 9, upon receipt from you the Contractholder of instructions and of due proof of the Participant's your (and, if applicable, the your beneficiary's) death prior to the date the your Participant Account is closed, we will apply the Account Value (subject to Section 7.5) of the your Participant Account, minus any charges described in Section 7 that are not included in the Accumulation Unit value, Account for the purpose of providing a death benefit under the Plan. The death benefit will be paid to the Participant's your beneficiary according to the method of payment elected by the your beneficiary (unless such you previously elected the method of payment was previously elected by the Participantpayment). The Participant's Your beneficiary may also designate a beneficiary. The Code Section 403(b) This death benefit will be payable:
(1) in a single sum or other method not provided in (2) below; provided, however, that the your entire Account Value, minus any charges described in Value (subject to Section 7 that are not included in the Accumulation Unit value, 7.5) must be paid to the your beneficiary on or before December 31 of the calendar year which contains the fifth anniversary of the Participant's your death, or
(2) as an annuity in accordance with the Annuity Options shown in Section 6.2 over a period not to exceed the life or life expectancy of the beneficiary. If the your beneficiary is not the Participant's your surviving spouse, the annuity must begin on or before December 31 of the calendar year immediately following the calendar year in which the Participant diedyou die. If the your beneficiary is the Participant's your surviving spouse, the annuity need not begin before December 31 of the calendar year in which the Participant you would have attained age 70 1/2. P-GB-C-ERTDAMFVA.11 If a Participant dies you die on or after his your Annuity Commencement Date, any interest remaining under the Annuity Option selected will be paid at least as rapidly as prior to your death. Any withdrawal request submitted under this Section must certify the Participant's death.
(c) Under Subsection (a)(2) (A), (B), (C), and (D) and under (a)(3) above, if the entire Account Value is withdrawn, the amount paid equals the Withdrawal Value minus any charges described in Section 7 which are not included in the Accumulation Unit value, subject to the Market Value Adjustment. If a portion purpose of the Account Value is withdrawn, the Account Value is reduced by an amount sufficient to make the payment requested and to cover the Withdrawal Charge and any charges described in Section 7 which are not included in the Accumulation Unit value, subject to the Market Value Adjustment applied to all FIA amounts withdrawn from the Participant Accountrequest.
(d) Notwithstanding the previous provisions of this Section, in the first Contract Year in which a Participant Account is established, you may withdraw from that Participant Account up to [10%] of the sum of the Account Value of that Participant Account (determined as of the later of the Contract Date or the Contract Anniversary immediately GB10.OM-K [(SBR)] 13 preceding the withdrawal request) plus Contributions made for that Participant during that Contract Year, without application of the Withdrawal Charge or Market Value Adjustment. You may do the same in the next succeeding Contract Year. In any subsequent Contract Year, you may withdraw from that Participant Account up to [10%] of the Account Value of that Participant Account (determined as of the Contract Anniversary immediately preceding the withdrawal request) without application of the Withdrawal Charge or Market Value Adjustment.
Appears in 1 contract
Plan Benefit Payments. You The Contractholder will advise us of any person for whom a payment is due under the Plan, including the nature and amount of such payment, before the date such payment is due or as soon thereafter as is practicable.
(a) Subject to the limitations provided in Section 5.1 and Subsection (b) below, prior to notification of contract termination (but not thereafter)Contract termination, you the Contractholder may direct us to withdraw all or a portion of a Participant your Account Value (subject to Section 7.5) to provide a single-sum cash payment to you the Contractholder to pay:
(1) pay Plan benefits (other than full or partial Plan termination benefits described in Section 5.3) for retirement, death, disability, termination of employment, hardships, loans, required minimum distribution benefits pursuant to Code Section 401(a)(9), or, for Code Section 403(b) plans or profitsharing profit-sharing plans, benefits after upon attainment of age 59 1/2 or as otherwise allowed by the Code (provided that such Code Section 403(b) plan or profit- sharing plan benefits after age 59 1/2 or as otherwise allowed by the Code are paid in a taxable distribution to the Participantyou). Such a withdrawal is not subject to a Withdrawal Charge or Market Value Adjustment.
(2) Charge. Any Plan benefits for termination of employment. Such a withdrawal is not subject to a Withdrawal Charge or Market Value Adjustment, with the following exceptions:
(A) Any such benefit cash payment requested for a Participant who terminates you if you terminate employment on or after the effective date your of Plan termination is terminated deemed to be a Plan termination benefit, and is subject to a Withdrawal Charge and Market Value Adjustment.
(B) Any pursuant to Section 5.3. Additionally, if 20% or more of the Participants terminate employment within the same Contract Year, any Plan benefit cash payment for such payment requested for a terminating Participant whose termination of employment is part of a partial Plan termination under IRS guidelines is subject to a Withdrawal Charge and Market Value Adjustmentpursuant to Section 5.3.
(C) Even if there is no full or partial Plan termination under paragraphs (1) and (2) above, any such termination of employment payments during the Contract Year (or, at our option, during the 365-day period preceding our receipt of a termination of employment benefit payment request) which exceed 20% of the aggregate Account Value of all Participant Accounts determined as of the first day of the Contract Year (or the first day of the 365-day period) are subject to a Withdrawal Charge and Market Value Adjustment.
(D) Any such payment requested for a Participant who terminates employment on or after the date the Plan Sponsor files for protection under federal bankruptcy law, is deemed insolvent, dissolves, closes, GB10.OM-K [(SBR)] 12 or shuts down its business, or ceases operations is subject to a Withdrawal Charge and Market Value Adjustment.
(3) Plan benefits not otherwise listed in paragraphs (1) and (2) above. Such a withdrawal is subject to a Withdrawal Charge and Market Value Adjustment.]
(b) Regarding death benefits specifically, notwithstanding the provisions of Section 9, upon receipt from you the Contractholder of instructions and of due proof of the Participant's your (and, if applicable, the your beneficiary's) death prior to the date the your Participant Account is closed, we will apply the Account Value (subject to Section 7.5) of the your Participant Account, minus any charges described in Section 7 that are not included in the Accumulation Unit value, Account for the purpose of providing a death benefit under the Plan. The death benefit will be paid to the Participant's your beneficiary according to the method of payment elected by the your beneficiary (unless such you have previously elected the method of payment was previously elected by the Participantpayment). The Participant's Your beneficiary may also designate a beneficiary. The death benefit attributable to Code Section 403(b) death benefit funds will be payable:
(1) in a single sum or other method not provided in (2) below; provided, however, that the your entire Account Value, minus any charges described in Value (subject to Section 7 that are not included in the Accumulation Unit value, 7.5) must be paid to the your beneficiary on or before December 31 of the calendar year which contains the fifth anniversary of the Participant's your death, or
(2) as an annuity in accordance with the Annuity Options shown in Section 6.2 over a period not to exceed the life or life expectancy of the beneficiary. If the your beneficiary is not the Participant's your surviving spouse, the annuity must begin on or before December 31 of the calendar year immediately following the calendar year in which the Participant diedyou die. If the your beneficiary is the Participant's your surviving spouse, the annuity need not begin before December 31 of the calendar year in which the Participant you would have attained age 70 1/2. If a Participant dies you die on or after his your Annuity Commencement Date, any interest remaining under the Annuity Option selected will be paid at least as rapidly as prior to your death. Any withdrawal request submitted under this Section must certify the Participant's death.
(c) Under Subsection (a)(2) (A), (B), (C), and (D) and under (a)(3) above, if the entire Account Value is withdrawn, the amount paid equals the Withdrawal Value minus any charges described in Section 7 which are not included in the Accumulation Unit value, subject to the Market Value Adjustment. If a portion purpose of the Account Value is withdrawn, the Account Value is reduced by an amount sufficient to make the payment requested and to cover the Withdrawal Charge and any charges described in Section 7 which are not included in the Accumulation Unit value, subject to the Market Value Adjustment applied to all FIA amounts withdrawn from the Participant Account.
(d) Notwithstanding the previous provisions of this Section, in the first Contract Year in which a Participant Account is established, you may withdraw from that Participant Account up to [10%] of the sum of the Account Value of that Participant Account (determined as of the later of the Contract Date or the Contract Anniversary immediately GB10.OMrequest. P-K [(SBR)] 13 preceding the withdrawal request) plus Contributions made for that Participant during that Contract Year, without application of the Withdrawal Charge or Market Value Adjustment. You may do the same in the next succeeding Contract Year. In any subsequent Contract Year, you may withdraw from that Participant Account up to [10%] of the Account Value of that Participant Account (determined as of the Contract Anniversary immediately preceding the withdrawal request) without application of the Withdrawal Charge or Market Value Adjustment.GB-C-AUL1MFVA.11
Appears in 1 contract
Plan Benefit Payments. You will advise us of any person for whom a payment is due under the Plan, including the nature and amount of such payment, before the date such payment is due or as soon thereafter as is practicable.
(a) Subject to the limitations provided in Section 5.1 and Subsection (b) below, prior to notification of contract termination (but not thereafter)termination, you may direct us to withdraw all or a portion of a Participant Participant's Account Value (subject to Section 7.5) to provide a single-sum cash payment to you to pay:
(1) pay Plan benefits (other than full or partial Plan termination benefits described in Section 5.3) for retirement, death, disability, termination of employment, hardships, loans, required minimum distribution benefits pursuant to Code Section 401(a)(9), or, for Code Section 403(b) plans or profitsharing profit-sharing plans, benefits after upon attainment of age 59 1/2 or as otherwise allowed by the Code (provided that such Code Section 403(b) plan or profit-sharing plan benefits after age 59 1/2 or as otherwise allowed by the Code are paid in a taxable distribution to the Participant). Such a withdrawal is not subject to a Withdrawal Charge or Market Value Adjustment.
(2) Charge. Any Plan benefits for termination of employment. Such a withdrawal is not subject to a Withdrawal Charge or Market Value Adjustment, with the following exceptions:
(A) Any such benefit cash payment requested for a Participant who terminates employment on or after the effective date your of Plan termination is terminated deemed to be a Plan termination benefit, and is subject to a Withdrawal Charge and Market Value Adjustment.
(B) Any pursuant to Section 5.3. Additionally, if 20% or more of the Participants terminate employment within the same Contract Year, any Plan benefit cash payment for such payment requested for a terminating Participant whose termination of employment is part of a partial Plan termination under IRS guidelines is subject to a Withdrawal Charge and Market Value Adjustmentpursuant to Section 5.3.
(C) Even if there is no full or partial Plan termination under paragraphs (1) and (2) above, any such termination of employment payments during the Contract Year (or, at our option, during the 365-day period preceding our receipt of a termination of employment benefit payment request) which exceed 20% of the aggregate Account Value of all Participant Accounts determined as of the first day of the Contract Year (or the first day of the 365-day period) are subject to a Withdrawal Charge and Market Value Adjustment.
(D) Any such payment requested for a Participant who terminates employment on or after the date the Plan Sponsor files for protection under federal bankruptcy law, is deemed insolvent, dissolves, closes, GB10.OM-K [(SBR)] 12 or shuts down its business, or ceases operations is subject to a Withdrawal Charge and Market Value Adjustment.
(3) Plan benefits not otherwise listed in paragraphs (1) and (2) above. Such a withdrawal is subject to a Withdrawal Charge and Market Value Adjustment.]
(b) Regarding death benefits specifically, notwithstanding the provisions of Section 9, upon receipt from you of instructions and of due proof of the Participant's (and, if applicable, the beneficiary's) death prior to the date the Participant Account is closed, we will apply the Account Value (subject to Section 7.5) of the Participant Account, minus any charges described in Section 7 that are not included in the Accumulation Unit value, Account for the purpose of providing a death benefit under the Plan. The death benefit will be paid to the Participant's beneficiary according to the method of payment elected by the beneficiary (unless such method of payment was previously elected by the Participant). The Participant's beneficiary may also designate a beneficiary. The death benefit attributable to Code Section 403(b) death benefit funds will be payable:
(1) in a single sum or other method not provided in (2) below; provided, however, that the entire Account Value, minus any charges described in Value (subject to Section 7 that are not included in the Accumulation Unit value, 7.5) must be paid to the beneficiary on or before December 31 of the calendar year which contains the fifth anniversary of the Participant's death, oror P-GB-K-AUL1MFVA.11
(2) as an annuity in accordance with the Annuity Options shown in Section 6.2 over a period not to exceed the life or life expectancy of the beneficiary. If the beneficiary is not the Participant's surviving spouse, the annuity must begin on or before December 31 of the calendar year immediately following the calendar year in which the Participant died. If the beneficiary is the Participant's surviving spouse, the annuity need not begin before December 31 of the calendar year in which the Participant would have attained age 70 1/2. If a Participant dies on or after his Annuity Commencement Date, any interest remaining under the Annuity Option selected will be paid at least as rapidly as prior to the Participant's death.
(c) Under Subsection (a)(2) (A), (B), (C), and (D) and . Any withdrawal request under (a)(3) above, if this Section must certify the entire Account Value is withdrawn, the amount paid equals the Withdrawal Value minus any charges described in Section 7 which are not included in the Accumulation Unit value, subject to the Market Value Adjustment. If a portion purpose of the Account Value is withdrawn, the Account Value is reduced by an amount sufficient to make the payment requested and to cover the Withdrawal Charge and any charges described in Section 7 which are not included in the Accumulation Unit value, subject to the Market Value Adjustment applied to all FIA amounts withdrawn from the Participant Accountrequest.
(d) Notwithstanding the previous provisions of this Section, in the first Contract Year in which a Participant Account is established, you may withdraw from that Participant Account up to [10%] of the sum of the Account Value of that Participant Account (determined as of the later of the Contract Date or the Contract Anniversary immediately GB10.OM-K [(SBR)] 13 preceding the withdrawal request) plus Contributions made for that Participant during that Contract Year, without application of the Withdrawal Charge or Market Value Adjustment. You may do the same in the next succeeding Contract Year. In any subsequent Contract Year, you may withdraw from that Participant Account up to [10%] of the Account Value of that Participant Account (determined as of the Contract Anniversary immediately preceding the withdrawal request) without application of the Withdrawal Charge or Market Value Adjustment.
Appears in 1 contract