Common use of Qualified Election A Qualified Election Clause in Contracts

Qualified Election A Qualified Election. is an election to either waive a Qualified Joint and Survivor Annuity or a Qualified Pre-Retirement Survivor Annuity. Any such election shall not be effective unless: (A) the Participant's Spouse consents in writing to the election; (B) the election designates a specific beneficiary, including any class of beneficiaries or any contingent beneficiaries, which may not be changed without spousal consent (or the Spouse expressly permits designations by the Participant without any further spousal consent); (C) the Spouse's consent acknowledges the effect of the election; and (D) the Spouse's consent is witnessed by a Plan representative or notary public. Additionally, a Participant's waiver of the Qualified Joint and Survivor Annuity shall not be effective unless the election designates a form of benefit payment which may not be changed without spousal consent (or the Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of the Plan Administrator that there is no Spouse or that the Spouse cannot be located, a waiver will be deemed a Qualified Election. Any consent by a Spouse obtained under this provision (or establishment that the consent of a Spouse may not be obtained) shall be effective only with respect to such Spouse. A consent that permits designations by the Participant without any requirement of further consent by such Spouse must acknowledge that the Spouse has the right to limit consent to a specific beneficiary, and a specific form of benefit where applicable, and that the Spouse voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver may be made by a Participant without the consent of the Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall he valid unless the Participant has received notice as provided in paragraphs 8.5 and 8.6 below.

Appears in 1 contract

Samples: Adoption Agreement (Oregon Trail Financial Corp)

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Qualified Election A Qualified Election. is an election to either waive a Qualified Joint and Survivor Annuity or a Qualified Pre-Retirement Survivor Annuity. Any such election shall not be effective unless: (Aa) the Participant's Spouse consents in writing to the election;, (Bb) the election designates a specific beneficiaryBeneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or unless the Spouse expressly permits designations by the Participant without any further spousal consent);, (Cc) the Spouse's consent acknowledges the effect of the election; , and (Dd) the Spouse's consent is witnessed by a Plan representative or notary public. Additionally, a . A Participant's waiver of the Qualified Joint and Survivor Annuity shall not be effective unless the election designates a form of benefit payment which may not be changed without spousal consent (or unless the Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of the Plan Administrator that there the Participant is no Spouse unmarried or that the Spouse cannot be located, a waiver will be deemed a Qualified Election. Any consent by a Spouse obtained under this provision (or establishment that the consent of a Spouse may cannot be obtained) shall be effective only with respect to such Spouse. A consent that permits designations by the Participant without any requirement of further consent by such Spouse must acknowledge that the Spouse has the right to limit consent to a specific beneficiaryBeneficiary, and a specific form of benefit where applicable, and that the Spouse voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver may be made by a Participant without the consent of the Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall he be valid unless the Participant has received notice as provided in paragraphs 8.5 and 8.6 below.

Appears in 1 contract

Samples: Nonstandardized Adoption Agreement (Banctrust Financial Group Inc)

Qualified Election A Qualified Election. is an election to either waive a Qualified Joint and Survivor Annuity or a Qualified Prequalified pre-Retirement Survivor Annuityretirement survivor annuity. Any such election shall not be effective unless:: 56 (Aa) the Participant's Spouse consents in writing to the election; (Bb) the election designates a specific beneficiaryBeneficiary, including any class of beneficiaries or any contingent beneficiaries, which may not be changed without spousal consent (or the Spouse expressly permits designations by the Participant without any further spousal consent); (Cc) the Spouse's consent acknowledges the effect of the election; and (Dd) the Spouse's consent is witnessed by a Plan representative or notary public. Additionally, a Participant's waiver of the Qualified Joint and Survivor Annuity shall not be effective unless the election designates a form of benefit payment which may not be changed without spousal consent (or the Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of the Plan Administrator that there is no Spouse or that the Spouse cannot be located, a waiver will be deemed a Qualified Election. Any consent by a Spouse obtained under this provision (or establishment that the consent of a Spouse may not be obtained) shall be effective only with respect to such Spouse. A consent that permits designations by the Participant without any requirement of further consent by such Spouse must acknowledge that the Spouse has the right to limit consent to a specific beneficiary, and a specific form of benefit where applicable, and that the Spouse voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver may be made by a Participant without the consent of the Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall he be valid unless the Participant has received notice as provided in paragraphs 8.5 and 8.6 below.

Appears in 1 contract

Samples: Adoption Agreement (Professionals Insurance Co Management Group)

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Qualified Election A Qualified Election. is an election to either waive a Qualified Joint and Survivor Annuity or a Qualified Pre-Retirement Survivor Annuity. Any such election shall not be effective unless: (A) : the Participant's Spouse consents in writing to the election; (B) , the election designates a specific beneficiaryBeneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or unless the Spouse expressly permits designations by the Participant without any further spousal consent); (C) , the Spouse's consent acknowledges the effect of the election; and (D) , and the Spouse's consent is witnessed by a Plan representative or notary public. Additionally, a . A Participant's waiver of the Qualified Joint and Survivor Annuity shall not be effective unless the election designates a form of benefit payment which may not be changed without spousal consent (or unless the Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of the Plan Administrator that there the Participant is no Spouse unmarried or that the Spouse cannot be located, a waiver will be deemed a Qualified Election. Any consent by a Spouse obtained under this provision (or establishment that the consent of a Spouse may cannot be obtained) shall be effective only with respect to such Spouse. A consent that permits designations by the Participant without any requirement of further consent by such Spouse must acknowledge that the Spouse has the right to limit consent to a specific beneficiaryBeneficiary, and a specific form of benefit where applicable, and that the Spouse voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver may be made by a Participant without the consent of the Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall he be valid unless the Participant has received notice as provided in paragraphs 8.5 and 8.6 below.

Appears in 1 contract

Samples: Nonstandardized Adoption Agreement (Banctrust Financial Group Inc)

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