Qualified Election. A waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity 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 a plan representative 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 be valid unless the Participant has received notice as provided in Section 6.05(E) below.
Appears in 10 contracts
Samples: Basic Plan Document (Peabody Energy Corp), Defined Contribution Plan Document (Janus Investment Fund), Qualified Retirement Plan and Trust (Meritage Hospitality Group Inc /Mi/)
Qualified Election. A waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement pre-retirement survivor annuity. Any waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement pre-retirement survivor annuity shall not be effective unless:
(a) the Participant's spouse Spouse consents in writing to the election, ;
(b) 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 Spouse expressly permits designations by the Participant without any further spousal consent); ;
(c) the spouseSpouse's consent acknowledges the effect of the election; and and
(d) the spouseSpouse's consent is witnessed by a plan Plan representative or notary public. Additionally, a Participant's waiver of the qualified joint Qualified Joint and survivor annuity 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 Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan representative the Plan Administrator that there is no spouse Spouse or that the spouse Spouse cannot be located, a waiver will be deemed a qualified electionQualified Election. Any consent by a spouse Spouse obtained under this provision (or establishment that the consent of a spouse Spouse may not be obtained) shall be effective only with respect to such spouseSpouse. A consent that permits designations by the Participant without any requirement of further consent by such spouse Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiarybeneficiary, and a specific form of benefit where applicable, and that the spouse 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 Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) paragraphs 8.5 and 8.6 below.
Appears in 4 contracts
Samples: Adoption Agreement (Westfield Financial Inc), 401(k) Plan Document (Berkshire Hills Bancorp Inc), Defined Contribution Plan and Trust (First Keystone Corp)
Qualified Election. A waiver of Qualified Election is an election to either waive a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement pre-retirement survivor annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity such election shall not be effective unless:
(a) the Participant's spouse Spouse consents in writing to the election, ;
(b) 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 Spouse expressly permits designations by the Participant without any further spousal consent); ;
(c) the spouseSpouse's consent acknowledges the effect of the election; and and
(d) the spouseSpouse's consent is witnessed by a plan Plan representative or notary public. Additionally, a Participant's waiver of the qualified joint Qualified Joint and survivor annuity 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 Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan representative the Plan Administrator that there is no spouse Spouse or that the spouse Spouse cannot be located, a waiver will be deemed a qualified electionQualified Election. Any consent by a spouse Spouse obtained under this provision (or establishment that the consent of a spouse Spouse may not be obtained) shall be effective only with respect to such spouseSpouse. A consent that permits designations by the Participant without any requirement of further consent by such spouse Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiarybeneficiary, and a specific form of benefit where applicable, and that the spouse 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 Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) paragraphs 8.5 and 8.6 below.
Appears in 4 contracts
Samples: 401(k) Plan Document (East West Bancorp Inc), Non Standardized Adoption Agreement (Princeton Review Inc), Adoption Agreement (Shared Technologies Cellular Inc)
Qualified Election. A waiver of Qualified Election is an election to either waive a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuityQualified Pre-Retirement Survivor Annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity such election shall not be effective unless:
(a) the Participant's spouse ’s Spouse consents in writing to the election, ,
(b) the election designates a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or unless the spouse Spouse expressly permits designations by the Participant without any further spousal consent); ,
(c) the spouse's Spouse’s consent acknowledges the effect of the election; and , and
(d) the spouse's Spouse’s consent is witnessed by a plan Plan representative or notary public. Additionally, a .
A Participant's ’s waiver of the qualified joint Qualified Joint and survivor annuity Survivor Annuity shall not be effective unless the election designates a form of benefit payment which that may not be changed without spousal consent (or unless the spouse Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan representative the Plan Administrator that there the Participant is no spouse unmarried or that the spouse Spouse cannot be located, a waiver will be deemed a qualified electionQualified Election. Any consent by a spouse Spouse obtained under this provision (or establishment that the consent of a spouse may Spouse cannot be obtained) shall be effective only with respect to such spouseSpouse. A consent that permits designations by the Participant without any requirement of further consent by such spouse Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the spouse Spouse voluntarily elects to relinquish either or both of such rights. A revocation of Participant may revoke a prior waiver may be made by a Participant without the consent of the spouse Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) paragraphs 8.5 and 8.6 below.
Appears in 3 contracts
Samples: Defined Contribution Plan, Defined Contribution Plan (Savannah Bancorp Inc), Defined Contribution Plan (Athens Bancshares Corp)
Qualified Election. A waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity. Any such waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity shall not be effective unless:
(a) the ParticipantEmployee's spouse consents in writing to the election, ; (b) 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 Employee 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 publicNotary Public. Additionally, a ParticipantEmployee'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 Employee without any further spousal consent). If it is established to the satisfaction of a plan representative the Trustee 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 Employee 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 Employee without the consent of the his spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant Employee has received notice as provided in Section 6.05(E) belowparagraph D. of this Article.
Appears in 2 contracts
Samples: Trust Agreement (Carmike Cinemas Inc), Trust Agreement (Carmike Cinemas Inc)
Qualified Election. A waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuityQualified Preretirement Survivor Annuity. Any waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuity Qualified Preretirement Survivor Annuity shall not be effective unless:
: (a) the Participant's spouse Spouse consents in writing to the election, ; (b) the election designates a specific Beneficiary, Beneficiary including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or the spouse Spouse expressly permits designations by the Participant without any further spousal consent); (c) the spouseSpouse's consent acknowledges the effect of the election; and (d) the spouseSpouse's consent is witnessed by a plan Plan representative or notary publicNotary Public. Additionally, a Participant's waiver of the qualified joint Qualified Joint and survivor annuity 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 a plan Plan representative that there is no spouse Spouse or that the spouse Spouse cannot be located, a waiver will be deemed a qualified electionQualified Election. Any consent by a spouse Spouse obtained under this provision (or establishment that the consent of a spouse Spouse may not be obtained) shall be effective only with respect to such spouseSpouse. A consent that permits designations by the Participant without any requirement of further consent by such spouse Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the spouse 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 Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(EParagraph (E) below.
Appears in 2 contracts
Samples: 401(k) Profit Sharing Plan Adoption Agreement (Priority Healthcare Corp), Adoption Agreement (Abbott Laboratories)
Qualified Election. A waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity 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 participant without any further spousal consent). If it is established to the satisfaction of a plan representative 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 tinder this provision (or establishment that the consent of a spouse may not be obtained) shall be effective only with respect to such spouse. 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 participant without the consent 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 be valid unless the Participant has received notice as provided in Section 6.05(E) below.
Appears in 1 contract
Samples: Basic Plan Document (Nabi /De/)
Qualified Election. A waiver of Qualified Election is an election to either waive a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuityQualified Pre-Retirement Survivor Annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity such election shall not be effective unless:
(a) 1. the Participant's spouse ’s Spouse consents in writing to the election, (b) ,
2. the election designates a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or unless the spouse Spouse expressly permits designations by the Participant without any further spousal consent); (c) ,
3. the spouse's Spouse’s consent acknowledges the effect of the election; and (d) , and
4. the spouse's Spouse’s consent is witnessed by a plan Plan representative or notary public. Additionally, a .
A Participant's ’s waiver of the qualified joint Qualified Joint and survivor annuity Survivor Annuity shall not be effective unless the election designates a form of benefit payment which that may not be changed without spousal consent (or unless the spouse Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan representative the Plan Administrator that there the Participant is no spouse unmarried or that the spouse Spouse cannot be located, a waiver will be deemed a qualified electionQualified Election. Any consent by a spouse Spouse obtained under this provision (or establishment that the consent of a spouse may Spouse cannot be obtained) shall be effective only with respect to such spouseSpouse. A consent that permits designations by the Participant without any requirement of further consent by such spouse Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the spouse Spouse voluntarily elects to relinquish either or both of such rights. A revocation of Participant may revoke a prior waiver may be made by a Participant without the consent of the spouse Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) paragraphs 8.5 and 8.6 below.
Appears in 1 contract
Samples: Defined Contribution Plan (Wellesley Bancorp, Inc.)
Qualified Election. A waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuityQualified Preretirement Survivor Annuity. Any waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuity Qualified Preretirement Survivor Annuity shall not be effective unless:
: (ai) the Participant's spouse Spouse consents in writing to the election, ; (bii) the election designates a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or the spouse Spouse expressly permits designations by the Participant without any further spousal consent); (ciii) the spouseSpouse's consent acknowledges the effect of the election; and (div) the spouseSpouse's consent is witnessed by a plan Plan representative or notary public. Additionally, a Participant's waiver of the qualified joint Qualified Joint and survivor annuity 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 Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan Plan representative that there is no spouse Spouse or that the spouse Spouse cannot be located, a waiver will be deemed a qualified election. Any consent by a spouse Spouse obtained under this provision (or establishment that the consent of a spouse Spouse may not be obtained) shall be effective only with respect to such spouseSpouse. A consent that permits designations by the Participant without any requirement of further consent by such spouse Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the spouse 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 Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) 11.5 below.
Appears in 1 contract
Qualified Election. A waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity Qualified Preretirement Survivor Annuity shall not be effective unless:
(a1) the Participant's spouse Spouse consents in writing to the election, election -------------------------------------------------------------------------------- ARTICLE X -- Form and Manner of Benefit Distributions Page 57 Basic Plan Document #03 - Defined Benefit -----------------------------------------
(b2) the election designates a specific Beneficiaryalternate beneficiary, including any class of beneficiaries or any contingent beneficiaries, which may not be changed without spousal consent (or the spouse Spouse expressly permits designations by the Participant without any further spousal consent); ;)
(c3) the spouse's consent acknowledges the effect of the election; and (d) the spouseSpouse's consent is witnessed by a plan Plan representative or notary public. Additionally, a Participant's waiver of the qualified joint Qualified Joint and survivor annuity shall Survivor Annuity will not be effective unless the election designates a form of benefit payment which may not be changed without spousal consent (or the spouse Spouse expressly permits designations by the Participant participant without any further spousal consent). If it is established to the satisfaction of a plan representative that such written consent may not be obtained because there is no spouse Spouse or that the spouse Spouse cannot be located, a waiver will be deemed a qualified electionQualified Election. Any consent by a spouse Spouse obtained under this provision (or establishment that the consent of a spouse Spouse may not be obtained) shall be effective only with respect to such spouseSpouse. A consent that permits designations by the Participant without any requirement of further consent by such spouse Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the spouse 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 Spouse at any time before prior to the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant participant has received notice as provided in Section 6.05(E10.4(e) below.
Appears in 1 contract
Qualified Election. A waiver of Qualified Election is an election to either waive a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuityQualified Pre-Retirement Survivor Annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity such election shall not be effective unless:
(a) the Participant's spouse ’s Spouse consents in writing to the election, ,
(b) the election designates a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or unless the spouse Spouse expressly permits designations by the Participant without any further spousal consent); ,
(c) the spouse's Spouse’s consent acknowledges the effect of the election; and , and
(d) the spouse's Spouse’s consent is witnessed by a plan Plan representative or notary public. Additionally, a A Participant's ’s waiver of the qualified joint Qualified Joint and survivor annuity 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 Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan representative the Plan Administrator that there the Participant is no spouse unmarried or that the spouse Spouse cannot be located, a waiver will be deemed a qualified electionQualified Election. Any consent by a spouse Spouse obtained under this provision (or establishment that the consent of a spouse may Spouse cannot be obtained) shall be effective only with respect to such spouseSpouse. A consent that permits designations by the Participant without any requirement of further consent by such spouse Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the spouse 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 Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) paragraphs 8.5 and 8.6 below.
Appears in 1 contract
Samples: 401(k) Defined Contribution Plan (Measurement Specialties Inc)
Qualified Election. A An election by a married Participant not to receive (i.e., a waiver of a of) the qualified joint and pre-retirement survivor annuity or a qualified preretirement survivor annuityform of payment. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity Such election shall not be effective unless:
: (a) the Participant's spouse consents in writing to the election, (b) the election designates names a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or the spouse expressly permits designations by the Participant to make changes without any further spousal consent, referred to hereinafter as a "General Consent"); , (c) the spouse's consent acknowledges the effect of the election; election and (d) the spouse's consent is witnessed by a plan Plan representative or a notary public. Additionally, a Participant's waiver of Any spousal consent under this paragraph (3) is effective only for the qualified joint and survivor annuity spouse that provides it. A consent shall not be effective treated as a General Consent 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 a plan representative 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 acknowledges that the spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicablebeneficiary, and that the spouse voluntarily elects to relinquish either or both of such rightsgive up this right. A revocation of a prior waiver may be made by a No election under this paragraph (3) is valid unless the Participant without receives the consent of written explanation described in the spouse at Notice Requirement before the election is made. At any time before the commencement distribution of benefitsthe Participant's Individual Account begins, the Participant may revoke an election that he or she has made under this paragraph (3), and after revoking an election, the Participant may make a new Qualified Election. Any revocation shall not be subject to spousal consent. A new election shall be subject to spousal consent unless the Participant's spouse at the time the new election is made previously provided a General Consent. The number of such revocations shall and new elections is not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) below.
Appears in 1 contract
Samples: Plan Document and Trust Agreement (Stonepath Group Inc)
Qualified Election. A waiver of Qualified Election is an election to either waive a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuityQualified Pre-Retirement Survivor Annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity such election shall not be effective unless:
(a) the Participant's spouse ’s Spouse consents in writing to the election, ,
(b) the election designates a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or unless the spouse Spouse expressly permits designations by the Participant without any further spousal consent); ,
(c) the spouse's Spouse’s consent acknowledges the effect of the election; and , and
(d) the spouse's Spouse’s consent is witnessed by a plan Plan representative or notary public. Additionally, a .
A Participant's ’s waiver of the qualified joint Qualified Joint and survivor annuity 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 Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan representative the Plan Administrator that there the Participant is no spouse unmarried or that the spouse Spouse cannot be located, a waiver will be deemed a qualified electionQualified Election. Any consent by a spouse Spouse obtained under this provision (or establishment that the consent of a spouse may Spouse cannot be obtained) shall be effective only with respect to such spouseSpouse. A consent that permits designations by the Participant without any requirement of further consent by such spouse Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the spouse 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 Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) paragraphs 8.5 and 8.6 below.
Appears in 1 contract
Samples: Defined Contribution Plan (United Community Bancorp)
Qualified Election. A waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity 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 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 participant without any further spousal consent). If it is established to the satisfaction of a plan representative 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 tinder this provision (or establishment that the consent of a spouse may not be obtained) shall be effective only with respect to such spouse. 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 participant without the consent 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 be valid unless the Participant has received notice as provided in Section 6.05(E) below.
Appears in 1 contract
Samples: Basic Plan Document (Nabi /De/)
Qualified Election. A “Qualified Election” means a waiver of a qualified joint and survivor annuity QJSA or a qualified preretirement survivor annuityQPSA. Any such waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity shall not be effective unless:
: (a1) the Participant's ’s spouse consents in writing to the election, waiver; (b2) the election waiver designates a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariescontin- gent Beneficiaries, which may not be changed without spousal consent (or unless the spouse spouse’s consent expressly permits designations by the Participant without any further spousal consent); (c3) the spouse's consent ’s con- sent acknowledges the effect of the electionwaiver; and (d4) the spouse's ’s consent is witnessed by a plan representative or notary public. Additionally, a Participant's ’s waiver of the qualified joint and survivor annuity QJSA shall not be effective unless the election waiver designates a form of benefit payment which may not be changed without spousal consent (or unless the spouse spouse’s consent expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan representative the Plan Administrator that there is no spouse or that the spouse cannot be located, a waiver will be deemed a qualified electionQualified Election. Any consent by a spouse obtained under this provision these provisions (or and any establishment that the consent of a spouse may not be obtained) shall be effective only with respect to such spousethe particular spouse involved. A consent that permits designations by the Participant without any requirement of further consent by such the spouse must acknowledge that the spouse has the right to limit the consent to a specific Beneficiary, Beneficiary and a specific form of benefit where applicable, and that the spouse voluntarily volun- tarily elects to relinquish either or both of such those 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 pro- vision shall be valid unless the Participant has received notice as provided pro- vided in Section 6.05(E) below8.5.
Appears in 1 contract
Samples: Retirement Plan Agreement
Qualified Election. A An election not to receive (i.e., a waiver of of) a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuityQualified Preretirement Survivor Annuity. Any waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuity shall Qualified Preretirement Survivor Annuity is not be effective unless:
: (a) the Participant's spouse Spouse consents in writing to the election, (b) the election designates names a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or the spouse Spouse expressly permits designations by the Participant to make changes without any further spousal consent); (c) the spouseSpouse's consent acknowledges the effect of the election; and (d) the spouseSpouse's consent is witnessed by a plan Plan representative or a notary public. Additionally, a A Participant's waiver of the qualified joint Qualified Joint and survivor annuity shall Survivor Annuity is not be effective unless the election designates a form of benefit payment which may that cannot be changed without spousal consent (or the spouse Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan representative the Plan Administrator that there is no spouse Spouse or that the spouse Spouse cannot be located, a waiver will be deemed is treated as a qualified electionQualified Election. Any spousal consent by a spouse obtained under this provision (or establishment that the spousal consent of a spouse may cannot be obtained) shall be is effective only with respect to such spousefor that Spouse. A consent that permits future designations by the Participant without any requirement of further additional consent by such spouse the Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the spouse Spouse voluntarily elects to relinquish give up either or both of such those rights. A revocation of a prior waiver may be made by a Participant without the spousal consent of the spouse at any time before the commencement of benefitsbenefits begin. The number of revocations shall is not be limited. No consent obtained under this provision shall be is valid unless the Participant has received receives the notice as provided described in Section 6.05(E) below6.06(E).
Appears in 1 contract
Samples: 401(k) Profit Sharing Adoption Agreement (Kevco Inc)
Qualified Election. A waiver of a qualified joint Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuityPreretirement Survivor Annuity. The waiver must be in writing and must be consented to by the participant's spouse. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity these annuities 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 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 electionelection ; and (d) the spouse's consent is witnessed by a plan representative Plan Representative or a notary public. Additionally, a Participant's waiver of the qualified joint Joint and survivor annuity 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 Notwithstanding this consent requirement, if the participant establishes to the satisfaction of a plan representative that such written consent may not be obtained because there is no spouse, the spouse is legally incompetent and the legal guardian of such spouse consents, the Participant and spouse are legally separated or the Participant has been abandoned under local law and the Participant has a court order to that effect and a Qualified Domestic Relations order does not provide to the contrary, or the spouse cannot be located, then a waiver will be deemed a qualified election. Any consent by a spouse obtained necessary under this provision (or the establishment that the consent of a such spouse may is not be obtainedrequired) shall be effective only with respect to such spouse. A consent that permits designations by the Participant without any requirement requirements of further consent by of such spouse must acknowledge that the spouse has the right to limit limited 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 be valid unless the Participant has received notice as provided in the required notices. After the Participant's death, and subject to Plan Section 6.05(E) below7.3, a beneficiary may, if the choice is unanimous among all designated beneficiaries change the optional form of benefit if payments of the benefit have not commenced.
Appears in 1 contract
Samples: Adoption Agreement for Qualified Profit Sharing and 401(k) Plan (Modern Controls Inc)
Qualified Election. A waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity 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 a plan representative 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 be valid unless the Participant has received notice as provided in Section 6.05(E61)5(E) below.
Appears in 1 contract
Samples: 401(k) Profit Sharing Plan Adoption Agreement (Antigenics Inc /De/)
Qualified Election. A waiver of Qualified Election is an election to either waive a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuityQualified Pre-Retirement Survivor Annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity such election shall not be effective unless:
(a) : the Participant's spouse ’s Spouse consents in writing to the election, (b) the election designates a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or unless the spouse Spouse expressly permits designations by the Participant without any further spousal consent); (c) , the spouse's Spouse’s consent acknowledges the effect of the election; , and (d) the spouse's Spouse’s consent is witnessed by a plan Plan representative or notary public. Additionally, a .
A Participant's ’s waiver of the qualified joint Qualified Joint and survivor annuity Survivor Annuity shall not be effective unless the election designates a form of benefit payment which that may not be changed without spousal consent (or unless the spouse Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan representative the Plan Administrator that there the Participant is no spouse unmarried or that the spouse Spouse cannot be located, a waiver will be deemed a qualified electionQualified Election. Any consent by a spouse Spouse obtained under this provision (or establishment that the consent of a spouse may Spouse cannot be obtained) shall be effective only with respect to such spouseSpouse. A consent that permits designations by the Participant without any requirement of further consent by such spouse Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the spouse Spouse voluntarily elects to relinquish either or both of such rights. A revocation of Participant may revoke a prior waiver may be made by a Participant without the consent of the spouse Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) paragraphs 8.5 and 8.6 below.
Appears in 1 contract
Qualified Election. A waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity shall not be effective efibative unless:
(a) the Participant's spouse spotise consents in writing to the election, (b0,) the election designates a specific Beneficiary, including any class of beneficiaries or any contingent beneficiaries, which may wbich nay not be changed cbanged without spousal consent (or the spouse expressly permits designations by the Participant without any further Airther 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 eficetive unless the election designates a form of benefit payment which may not be changed without spousal widiqut spoLisal consent (or the spouse expressly expressiy permits designations designati6ns by the Participant without any further farther spousal consent). If it is established to the satisfaction of a plan representative repesentative 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 establiabment that the consent of a spouse may not be obtained) shall be effective efiective only with respect to such spouse. A consent corent that permits designations by the Participant without any requirement of further flintier consent by such spouse must spousemtst acknowledge that the spouse has the right to rigl:tto 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 be valid unless the Participant has received notice as provided in Section 6.05(E6(pound)5(E) below.
Appears in 1 contract
Samples: Basic Plan Document (Weststar Financial Services Corp)
Qualified Election. A waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity. Any such waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity shall not be effective unless:
: (a) the Participant's Employee’s spouse consents in writing to the election, ; (b) 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 Employee without any further spousal consent); (c) the spouse's ’s consent acknowledges the effect of the election; and (d) the spouse's ’s consent is witnessed by a plan representative or notary publicNotary Public. Additionally, a Participant's Employee’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 Employee without any further spousal consent). If it is established to the satisfaction of a plan representative the Trustee 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 Employee 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 Employee without the consent of the his spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant Employee has received notice as provided in Section 6.05(E) belowparagraph D. of this Article.
Appears in 1 contract
Qualified Election. A “Qualified Election” means a waiver of a qualified joint and survivor annuity QJSA or a qualified preretirement survivor annuityQPSA. Any such waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity shall not be effective unless:
: (a1) the Participant's spouse ’s Spouse consents in writing to the election, waiver; (b2) the election waiver designates a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or unless the spouse Spouse’s consent expressly permits designations by the Participant without any further spousal consent); (c3) the spouse's consent Spouse’s con- sent acknowledges the effect of the electionwaiver; and (d4) the spouse's Spouse’s consent is witnessed by a plan representative or notary public. Additionally, a Participant's ’s waiver of the qualified joint and survivor annuity QJSA shall not be effective unless the election waiver designates a form of benefit payment which may not be changed without spousal consent (or unless the spouse Spouse’s consent expressly permits designations by the Participant without with- out any further spousal consent). If it is established to the satisfaction of a plan representative the Plan Administrator that there is no spouse Spouse or that the spouse Spouse cannot be located, a waiver will be deemed a qualified electionQualified Election. Any consent by a spouse Spouse obtained under this provision these provisions (or and any establishment that the consent of a spouse Spouse may not be obtained) shall be effective only with respect to such spousethe particular Spouse involved. A consent that permits designations by the Participant without any requirement of further consent con- sent by such spouse the Spouse must acknowledge that the spouse Spouse has the right to limit the consent to a specific Beneficiary, Beneficiary and a specific form of benefit where applicable, and that the spouse Spouse voluntarily elects to relinquish either or both of such those rights. A revocation of a prior waiver may be made by a Participant without the consent of the spouse Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) below8.5.
Appears in 1 contract
Samples: Retirement Plan Agreement
Qualified Election. A waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuityQualified Preretirement Survivor Annuity. Any waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuity Qualified Preretirement Survivor Annuity shall not be effective unless:
: (ai) the Participant's spouse consents in writing to the election, ; (bii) the election designates a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or the spouse expressly permits designations by the Participant without any further spousal consent); (ciii) the spouse's consent acknowledges the effect of the election; and (div) the spouse's consent is witnessed by a plan Plan representative or notary public. Additionally, a Participant's waiver of the qualified joint Qualified Joint and survivor annuity 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 a plan Plan representative 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 be valid unless the Participant has received notice as provided in Section 6.05(E) 8.5 below.
Appears in 1 contract
Samples: 401(k) Retirement Plan Adoption Agreement (WHX Corp)
Qualified Election. A waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuity. Any waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuity shall not be effective unless:
: (aA) the Participant's spouse consents in writing to the election, ; (bB) the election designates a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, 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 Plan representative or notary public. Additionally, a Participant's waiver of the qualified joint Qualified Joint and survivor annuity 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 a plan Plan representative 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 be valid unless the Participant has received notice as provided in Section 6.05(ESubsection (d) below.
Appears in 1 contract
Qualified Election. (i) A waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuityQualified Preretirement Survivor Annuity. Any waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement survivor annuity Qualified Preretirement Survivor Annuity shall not be effective unless:
(a1) the Participant's spouse ’s Spouse consents in writing to the election, ;
(b2) the election designates a specific Beneficiary, including any class of beneficiaries Beneficiaries or any contingent beneficiariesBeneficiaries, which may not be changed without spousal consent (or the spouse Spouse expressly permits designations by the Participant without any further spousal consent); ;
(c3) the spouse's Spouse’s consent acknowledges the effect of the election; and and
(d4) the spouse's Spouse’s consent is in witnessed by a plan Plan representative or notary public. Additionally, a Participant's ’s waiver of the qualified joint Qualified Joint and survivor annuity 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 Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan Plan representative that there is no spouse Spouse or that the spouse Spouse cannot be located, a waiver will be deemed a qualified election. Qualified Election.
(ii) Any consent by a spouse Spouse obtained under this provision (or establishment that the consent of a spouse Spouse may not be obtained) shall be effective only with respect to such spouseSpouse. A consent that permits designations by the Participant participant without any requirement of further consent by such spouse Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiary, and a specific form of benefit where applicable, and that the spouse 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 Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) below8.5.
Appears in 1 contract
Samples: Salary Deferral Retirement Plan Adoption Agreement (Novo Nordisk a S)
Qualified Election. A waiver of a qualified joint and survivor annuity or a qualified preretirement pre-retirement survivor annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement pre-retirement survivor annuity 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 Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan representative that there is no spouse or that the spouse cannot be located, a waiver will be deemed a qualified election. Any consent 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 Consent of the spouse at any time before the commencement Commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) below.
Appears in 1 contract
Samples: Prototype Defined Contribution Plan and Trust/Custodial Account (Connecticut Water Service Inc / Ct)
Qualified Election. A waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement pre retirement survivor annuity. Any waiver of a qualified joint Qualified Joint and survivor annuity Survivor Annuity or a qualified preretirement pre retirement survivor annuity shall not be effective unless:
(a) the Participant's spouse Spouse consents in writing to the election, ;
(b) 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 Spouse expressly permits designations by the Participant without any further spousal consent); ;
(c) the spouseSpouse's consent acknowledges the effect of the election; and and
(d) the spouseSpouse's consent is witnessed by a plan Plan representative or notary public. Additionally, a Participant's waiver of the qualified joint Qualified Joint and survivor annuity 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 Spouse expressly permits designations by the Participant without any further spousal consent). If it is established to the satisfaction of a plan representative the Plan Administrator that there is no spouse Spouse or that the spouse Spouse cannot be located, a waiver will be deemed a qualified electionQualified Election. Any consent by a spouse Spouse obtained under this provision (or establishment that the consent of a spouse Spouse may not be obtained) shall be effective only with respect to such spouseSpouse. A consent that permits designations by the Participant without any requirement of further consent by such spouse Spouse must acknowledge that the spouse Spouse has the right to limit consent to a specific Beneficiarybeneficiary, and a specific form of benefit where applicable, and that the spouse 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 Spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in Section 6.05(E) paragraphs 8.5 and 8.6 below.
Appears in 1 contract
Qualified Election. A (a) The election by a Participant to waive a Qualified Joint and Survivor Annuity or Qualified Preretirement Survivor Annuity. This waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity. Any waiver of a qualified joint and survivor annuity or a qualified preretirement survivor annuity shall not be effective unless:
(a) unless 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; waiver, and (d) a Plan representative or a notary public witnesses the spouse's consent is witnessed by consent. To make the waiver effective, the Participant also must either:
(1) Designate a plan representative specific Beneficiary (including any class of Beneficiaries or notary public. Additionally, a Participant's waiver of the qualified joint contingent Beneficiaries) and survivor annuity shall not be effective unless the election designates a form of benefit payment which that may not only be changed without spousal consent with the spouse's consent; or
(or 2) Prove that the spouse expressly permits designations by the Participant to make future designations without any further spousal the spouse's consent). If it is established the Participant establishes to the Plan representative's satisfaction of a plan representative that there is no spouse exists or that the spouse cannot be located, the representative will acknowledge the waiver as a waiver will be deemed a qualified election. Qualified Election.
(b) Any consent obtained by a spouse obtained under this provision to an election to waive an annuity (or any establishment that the spouse's consent of a spouse may cannot be obtained) shall will be effective only with respect to such that spouse. A consent that permits designations permitting designation by the Participant without requiring any requirement of further consent by such that spouse must acknowledge that the spouse has the acknowledge:
(1) The spouse's right to limit consent to a specific Beneficiary, Beneficiary (and a specific form of benefit where applicable, and that ); and
(2) That the spouse voluntarily elects to relinquish either or both of such those rights. A revocation of Participant may revoke a prior waiver may be made by a Participant without the spouse's consent of the spouse at any time before benefits start. There will be no limit to the commencement of benefits. The number of revocations shall not be limited. permitted.
(c) No consent obtained under this provision shall section will be valid unless the Participant has received a notice as provided in Section 6.05(E) belowwithin the Applicable Notice Period.
Appears in 1 contract