Qualified Pre-Retirement Survivor Annuity. Unless an optional form of benefit has been selected within the Election Period pursuant to a Qualified Election, if a Participant dies before the Annuity Starting Date then the Participant's Vested Account Balance shall be paid in the form of a Qualified Pre-Retirement Survivor Annuity. The Surviving Spouse may elect to elect to have such annuity distributed within a reasonable period after the Participant's death.
Qualified Pre-Retirement Survivor Annuity. An annuity for the life of the Surviving Spouse of a Participant the actuarial equivalent of which is not less than 50% of the Participant’s Vested Account Balance as of the date of the Participants’ death, as elected by Employer in the Adoption Agreement. If no selection is made on the Adoption Agreement, and the Plan is subject to the Qualified Joint and Survivor Annuity provisions, the Qualified Pre-Retirement Survivor Annuity shall be 50% of the Participant’s Vested Account Balance as of the date of the death of the Participant, unless the Employer in a prior version of the Adoption Agreement or Plan, had elected that the Qualified Pre-Retirement Survivor Annuity be 100% of the Account Balance.
Qualified Pre-Retirement Survivor Annuity. In the case of a Qualified Pre-retirement Survivor Annuity as described above, the Committee shall provide each Participant with a written explanation of the Qualified Pre-retirement Survivor Annuity in such terms and in such manner as would be comparable to the explanation provided for meeting the requirement applicable to explaining a Qualified Joint and Survivor Annuity within whichever of the following periods ends last:
Qualified Pre-Retirement Survivor Annuity. An annuity for the life of the Surviving Spouse of a Participant the actuarial equivalent of which is not less than 50% of the vested Participant’s Account Balance as of the date of the Participants’ death, as elected by Employer in the Adoption Agreement. If no election is made on the Adoption Agreement the Qualified Pre-Retirement Survivor Annuity shall be 50% of the Participant’s Vested Account Balance as of the date of the death of the Participant, unless the Employer in a prior version of the Adoption Agreement or Plan, had elected that the Qualified Pre-Retirement Survivor Annuity be 100% of the Account Balance.
Qualified Pre-Retirement Survivor Annuity. In the case of a Qualified Pre-retirement Survivor Annuity, the Plan Administrator shall provide each Participant within the applicable period for such Participant, a written explanation of the Qualified Pre-retirement Survivor Annuity in such terms and in such manner as would be comparable to the explanation provided for meeting the requirements in subsection (a) above applicable to a Qualified Joint and Survivor Annuity. The applicable period for a Participant is whichever of the following periods ends last:
(1) the period beginning with the first day of the Plan Year in which a Participant attains age 32 and ending with the close of the Plan Year preceding the Plan Year in which a Participant attains age 35;
(2) a reasonable period ending after an Employee becomes a Participant;
(3) a reasonable period ending after this section first applies to a Participant. Notwithstanding the preceding, notice must be provided within a reasonable period ending after Separation from Service in the case of a Participant who Separates from Service before attaining age 35. For purposes of this subsection, a reasonable period ending after the enumerated events described in (2) and (3) is the end of the two (2) year period beginning one (1) year prior to the date the applicable event occurs, and ending one (1) year after such date. In the case of a Participant who Separates from Service before the Plan Year in which age 35 is attained, notice shall be provided within the two (2) year period beginning one (1) year prior to separation and ending one (1) year after separation. If such a Participant thereafter returns to employment with the Employer, the applicable period for such Participant shall be redetermined in accordance with this section.
Qualified Pre-Retirement Survivor Annuity. Do not complete this section if paragraph (J)(1)
Qualified Pre-Retirement Survivor Annuity. If a married Participant dies before his Annuity Starting Date, then the Participant’s Accounts will be paid in the form of a Qualified Pre-Retirement Survivor Annuity unless such form of payment has been waived pursuant to a Qualified Election as defined in paragraph (c) below. If a married Participant who validly waives the Qualified Pre-Retirement Survivor Xxxxxxx dies prior to his Annuity Starting Date, his vested Accounts will be paid to his Beneficiary in accordance with Section 7.7. Within a reasonable time after the death of a Participant, the Participant’s Spouse may elect to have benefits commence as of the first day of any month subsequent to such election but prior to the year in which the Participant would have reached age 70-1/2.
Qualified Pre-Retirement Survivor Annuity. In the event the Plan provides for acceptance of certain transferred contributions (within the meaning of Section 401(a) (11)(B)(iii)(III) of the Code) which shall be signified by an affirmative election pursuant to either Section III.F.3, 4 or 5 of the Adoption Agreement or permits payment of benefits as a life annuity, death benefits which become payable shall be paid as follows: In the case of a transfer contribution, the funds so transferred, including any appreciation, depreciation interest, accretions or declarations or in the case of election of a life annuity payment, the Participant's entire Account, shall be paid the Participant's surviving spouse in the form of a Qualified Pre-Retirement Survivor's Annuity as more particularly set forth in Section 12.5 hereof, regardless of any contrary designation of Beneficiaries made by the Participant, provided, however, that the Participant may designate a Beneficiary other than his spouse or another form of payment if such designation complies with the requirements of Section 417(a)(2)(A) of the Code and Article XII Section 12.5 hereof.
Qualified Pre-Retirement Survivor Annuity. (a) Notwithstanding the provisions of Sections 12.1 and 12.2 hereof, in the event a Participant (who has elected to receive benefits in the form of a life annuity) dies before the Annuity Starting Date, his benefit shall be paid in the form of a Qualified Pre-retirement Survivor Annuity unless he elects out of that form of benefit and his Spouse has consented thereto;
(b) Any entire vested portion of a Participant's Account (whether vested before or at death) attributable to Employer and Employee contributions, rollover contributions, proceeds of life insurance contracts or transfer contributions within the meaning of Code Section 401(a)(11)(B)(iii)(III) shall be paid as specified in Subsection (a) above;
(c) The portion of a Participant's account otherwise subject to (a) and (b) above shall be reduced by any amounts used to repay the Participant's loans to which spousal consent was obtained;
(d) A waiver of the Qualified Pre-retirement Survivor Annuity form of benefit (in favor of an alternate form or beneficiary) must be made in writing on forms provided by the Plan Administrator after the Participant receives notice under Section 12.5(f), must be signed by the Participant and his Spouse and must be witnessed by a notary public or Plan representative. The waiver must designate the specific beneficiary or class of beneficiaries and the form of benefit payment which may not be changed without spousal consent unless the Spouse expressly permits later changes without further consent. The Spouse's consent must acknowledge the effect of the election and shall be valid only with respect to such Spouse. Where it is established that there is no Spouse or that the Spouse cannot be located, a waiver of the benefit will be deemed a revocation of a prior waiver may be made by a Participant without consent of the Spouse at any time prior to the commencement of benefits. The number of revo- cations is unlimited.
(e) The election period with regard to elections and spousal consent shall commence on the first day of the Plan Year in which the Participant attains age thirty-five
Qualified Pre-Retirement Survivor Annuity. If a Participant or Former Participant who has a Vested Accrued Benefit dies prior to his Annuity Starting Date and is survived by a spouse, a Qualified Pre-retirement Survivor Annuity shall be paid to the surviving spouse in accordance with, and except as otherwise provided by, the following provisions:
(a) Notwithstanding anything herein to the contrary, a surviving spouse entitled to a benefit under this Section, may elect to receive the Actuarial Equivalent of the Qualified Pre-retirement Survivor Annuity in a lump sum. Upon request, the Plan Administrator shall furnish the spouse with an explanation of the Qualified Pre-retirement Survivor Annuity and with information concerning the financial effect of receiving benefits in any form selected. An election under this Subsection must be filed with the Plan Administrator before benefit payments commence, unless the Plan Administrator determines otherwise.
(b) Notwithstanding anything herein to the contrary, a surviving spouse may delay the commencement of benefit payments pursuant hereto, provided such delay satisfies the requirement of Article VI by deeming the surviving spouse to be the Participant.
(c) This Section shall not result in a duplication of benefits to a surviving spouse who is also eligible to receive a survivor benefit under the provisions of Section 6.02. Such a spouse shall receive only the greater of the benefit under this Section or the benefit under Section 6.02.
(d) This Section shall not apply to a Former Participant who terminated employment prior to August 23, 1984 unless:
(1) Such Former Participant had at least one (1) Hour of Service in the first Plan Year beginning on or after January 1, 1976;
(2) Such Former Participant had at least ten (10) Years of Vesting Service under the Plan;
(3) As of August 23, 1984, such Former Participant's Annuity Starting Date had not occurred; and
(4) Such Former Participant was alive on August 23, 1984.
