Common use of Safe Harbor Rules Clause in Contracts

Safe Harbor Rules. (a) This Section shall apply to a Participant in a Profit-Sharing Plan, and to any distribution, made on or after the first day of the first Plan Year beginning after December 31, 1988, from or under a separate account attributable solely to accumulated deductible employee contributions, as defined in section 72(o)(5)(B) of the Code, and maintained on behalf of a Participant in a money purchase pension plan (including a target benefit plan), if the following conditions are satisfied: (1) the Participant does not or cannot elect payments in the form of a life annuity; and (2) on the death of a Participant, the Participant's vested account balance will be paid to the Participant's surviving spouse, but if there is no surviving spouse, or if the surviving spouse has consented in a manner conforming to a qualified election, then to the Participant's Designated Beneficiary. The surviving spouse may elect to have distribution of the vested account balance commence within the 90-day period following the date of the Participant's death. The account balance shall be adjusted for gains or losses occurring after the Participant's death in accordance with the provisions of the Plan governing the adjustment of account balances for other types of distributions. If the plan provides for a separate accounting of the participant’s benefits, these requirements need only apply to the separate account This Section 9.06 shall not be operative with respect to a Participant in a Profit-Sharing Plan if the Plan is a direct or indirect transferee of a defined benefit plan, money purchase plan, target benefit plan, stock bonus, or profit-sharing plan which is subject to the survivor annuity requirements of sections 401(a)(11) and 417 of the Code. If this Section 9.06 is operative, then the provisions of this Article, other than Section 9.06, shall be inoperative. (b) The Participant may waive the spousal death benefit described in this Section at any time provided that no such waiver shall be effective unless it satisfies the conditions of Section 14.50 of the Plan (other than the notification requirement referred to therein) that would apply to the Participant's waiver of the Qualified Preretirement Survivor Annuity. (c) For purposes of this Section 9.06, "vested account balance" shall mean, in the case of a money purchase pension plan or a target benefit plan, the Participant's separate account balance attributable solely to accumulated deductible employee contributions within the meaning of section 72(o)(5)(B) of the Code. In the case of a profit-sharing plan, "vested account balance" shall have the same meaning as provided in Section 14.54 of the Plan. (d) If the Employer's Profit-Sharing Plan satisfies the requirements contained in section 9.06(a) above, with respect to a Participant in this Plan, such Plan is not required to provide a Qualified Joint and Survivor Annuity for such Participant. Such Plan may replace the Qualified Joint and Survivor Annuity with a payment of a single-sum distribution form of payment that is otherwise identical to such annuity in accordance with the requirements under Treasury Regulations 1.411(d)-4, Q&A 2(e).

Appears in 3 contracts

Samples: Individual 401(k) Plan Purchase Agreement, Employer Sponsored Plan Account Agreement, Employer Sponsored Plan Account Agreement

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Safe Harbor Rules. (a) This Section section shall apply to a Participant in a Profitprofit-Sharing Plan, and to any distribution, made on or after the first day of the first Plan Year beginning after December 31, 1988, from or under a separate account attributable solely to accumulated deductible employee contributions, as defined in section 72(o)(5)(B) of the Code, and maintained on behalf of a Participant in a money purchase pension sharing plan (including a target benefit plan), if the following conditions are satisfied: : (1i) the Participant does not or cannot elect payments in the form of a life annuity; and and (2ii) on the death of a Participant, the Participant's vested account balance ’s Vested Account Balance will be paid to the Participant's surviving spouse’s Surviving Spouse, but if there is no surviving spouseSurviving Spouse, or if the surviving spouse Surviving Spouse has consented in a manner conforming to a qualified electionQualified Election, then to the Participant's ’s Designated Beneficiary. The surviving spouse may elect to have distribution . (b) Distribution of the vested account balance Vested Account Balance in accordance with Article 10 shall commence within the ninety (90-) day period following the date of the Participant's death’s death or at such later time as the Surviving Spouse may elect. The account Account balance shall be adjusted for gains or losses occurring after the Participant's ’s death in accordance with the provisions of the Plan governing the adjustment of account Account balances for other types of distributions. If the plan provides for a separate accounting of the participant’s benefits, these requirements need only apply to the separate account . (c) This Section 9.06 section shall not be operative with respect to the portion of a Participant participant’s Vested Account Balance in a Profitprofit-Sharing Plan if the Plan is sharing plan representing a direct or indirect transferee transfer of assets from a defined benefit plan, a money purchase retirement plan, a target benefit plan, a stock bonus, bonus plan or a profit-sharing plan which is subject to the survivor annuity requirements of sections 401(a)(11) and 417 Section 205 of ERISA. In the Code. If case of assets for which this Section 9.06 section is operative, then the provisions of this Article, other than Section 9.068.7, shall be inoperative. (bd) The Participant may waive the spousal death benefit described in this Section section at any time provided that no such waiver shall be effective unless it satisfies satisfied the conditions of Section 14.50 of the Plan 8.4(c) (other than the notification requirement referred to therein) that would apply to the Participant's participant’s waiver of the Qualified Preretirement Survivor Annuity. (ce) For purposes of this Section 9.06section, "vested account balance" shall mean, in the case of a money purchase pension plan or a target benefit plan, the Participant's separate account balance attributable solely to accumulated deductible employee contributions within the meaning of section 72(o)(5)(B) of the Code. In the case of a profit-sharing plan, "vested account balance" Vested Account Balance shall have the same meaning as provided in Section 14.54 of the Plan. (d) If the Employer's Profit-Sharing Plan satisfies the requirements contained in section 9.06(a) above, with respect to a Participant in this Plan, such Plan is not required to provide a Qualified Joint and Survivor Annuity for such Participant. Such Plan may replace the Qualified Joint and Survivor Annuity with a payment of a single-sum distribution form of payment that is otherwise identical to such annuity in accordance with the requirements under Treasury Regulations 1.411(d)-4, Q&A 2(e8.4(g).

Appears in 1 contract

Samples: Salary Deferral Retirement Plan Adoption Agreement (Novo Nordisk a S)

Safe Harbor Rules. (a) This Section shall apply to a Participant in a Profit-Sharing Planprofit sharing plan, and to any distribution, made on or after the first day of the first Plan Year beginning after December 31, 1988, from or under a separate account attributable solely to accumulated deductible employee Employee contributions, as defined in section Section 72(o)(5)(B) of the Code, and maintained on behalf of a Participant in a money purchase pension plan plan, (including a target benefit plan), ) if the following conditions are satisfied: : (1) the Participant does not or cannot elect payments in the form of a life annuity; and and (2) on the death of a Participant, the Participant's vested account balance will Vested Account Balance shall be paid to the Participant's surviving spouseSurviving Spouse, but if there is no surviving spouseSurviving Spouse, or if the surviving spouse Surviving Spouse has consented in a manner conforming to a qualified electionQualified Election, then to the Participant's Designated designated Beneficiary. The surviving spouse Surviving Spouse may elect to have distribution of the vested account balance Vested Account Balance commence within the 90-day period following the date of the Participant's death. The account Account balance shall be adjusted for gains or losses occurring after the Participant's death in accordance with the provisions of the Plan governing the adjustment of account Account balances for other types of distributions. If the plan provides for a separate accounting of the participant’s benefits, these requirements need only apply to the separate account This Section 9.06 9.05 shall not be operative with respect to a Participant in a Profit-Sharing Plan profit sharing plan if the Plan is a direct or indirect transferee of a defined benefit plan, money purchase plan, a target benefit plan, stock bonus, or profit-profit sharing plan which is subject to the survivor annuity Survivor Annuity requirements of sections Section 401(a)(11) and Section 417 of the Code. If this Section 9.06 9.05 is operative, then the provisions of this Article, other than Section 9.06, shall be inoperative. (b) The Participant may waive the spousal death benefit described in this Section at any time provided that no such waiver shall be effective unless it satisfies the conditions of Section 14.50 of the Plan 1.57 (other than the notification requirement referred to therein) that would apply to the Participant's waiver of the Qualified Preretirement Survivor Annuity. (c) For purposes of this Section 9.069.05, "vested account balance" Vested Account Balance shall mean, in the case of a money purchase pension plan or a target benefit plan, the Participant's separate account Account balance attributable solely to accumulated deductible employee Employee contributions within the meaning of section Section 72(o)(5)(B) of the Code. In the case of a profit-profit sharing plan, "vested account balance" Vested Account Balance shall have the same meaning as provided in Section 14.54 of the Plan1.72. (d) If the Employer's Profit-Sharing Plan satisfies the requirements contained in section 9.06(a) above, with respect to a Participant in this Plan, such Plan is not required to provide a Qualified Joint and Survivor Annuity for such Participant. Such Plan may replace the Qualified Joint and Survivor Annuity with a payment of a single-sum distribution form of payment that is otherwise identical to such annuity in accordance with the requirements under Treasury Regulations 1.411(d)-4, Q&A 2(e).

Appears in 1 contract

Samples: 401(k) Salary Reduction Adoption Agreement (PCB Holding Co)

Safe Harbor Rules. (ai) This Section Subsection shall apply to a Participant in a Profitprofit-Sharing Plansharing plan, and to any distribution, made on or after the first day of the first Plan Year 'tear beginning after December 31, 1988, from or under a separate account attributable solely to accumulated deductible employee contributions, as defined in section 72(o)(5)(B) of the Code, and maintained on behalf of a Participant participant in a money purchase pension plan plan, (including a target benefit plan), ) if the following conditions are satisfied: : (1) the Participant does not or cannot elect payments in the form of a life annuity; and (2) on the death of a Participant, the Participant's vested account Account balance will be paid to the Participant's surviving spouse, but if there is no surviving spouse, or if the surviving spouse has consented in a manner conforming to a qualified election, then to the Participant's Designated Beneficiarydesignated beneficiary. The surviving spouse may elect to have distribution of the vested account Account balance commence within the 90-90 day period following the date of the Participant's death. The account Account balance shall be adjusted for gains or losses occurring after the Participant's death in accordance with the provisions of the Plan governing the adjustment of account Account balances for other types of distributions. If the plan provides for a separate accounting of the participant’s benefits, these requirements need only apply to the separate account This Section 9.06 Subsection (e) shall not be operative with respect to a Participant in a Profitprofit-Sharing Plan sharing plan if the Plan plan is a direct or indirect transferee of a defined benefit plan, money purchase plan, a target benefit plan, stock bonus, or profit-sharing plan which is subject to the survivor annuity requirements of sections Sections 401(a)(11) and section 417 of the Code. If this Section 9.06 Subsection (e) is operative, then the provisions of this ArticleSection 12.08, other than Section 9.06Subsection (f), shall be inoperative. (b) The Participant may waive the spousal death benefit described in this Section at any time provided that no such waiver shall be effective unless it satisfies the conditions of Section 14.50 of the Plan (other than the notification requirement referred to therein) that would apply to the Participant's waiver of the Qualified Preretirement Survivor Annuity. (c) For purposes of this Section 9.06, "vested account balance" shall mean, in the case of a money purchase pension plan or a target benefit plan, the Participant's separate account balance attributable solely to accumulated deductible employee contributions within the meaning of section 72(o)(5)(B) of the Code. In the case of a profit-sharing plan, "vested account balance" shall have the same meaning as provided in Section 14.54 of the Plan. (d) If the Employer's Profit-Sharing Plan satisfies the requirements contained in section 9.06(a) above, with respect to a Participant in this Plan, such Plan is not required to provide a Qualified Joint and Survivor Annuity for such Participant. Such Plan may replace the Qualified Joint and Survivor Annuity with a payment of a single-sum distribution form of payment that is otherwise identical to such annuity in accordance with the requirements under Treasury Regulations 1.411(d)-4, Q&A 2(e).

Appears in 1 contract

Samples: Adoption Agreement (First Bancorp /Pr/)

Safe Harbor Rules. (a) This Section shall apply to a Participant in a Profit-Sharing Planprofit sharing plan, and to any distribution, made on or after the first day of the first Plan Year beginning after December 31, 1988, from or under a separate account attributable solely to accumulated deductible employee contributions, as defined in section Section 72(o)(5)(B) of the Code, and maintained on behalf of a Participant in a money purchase pension plan (plan, including a target benefit plan), ) if the following conditions are satisfied: (1i) the Participant does not or cannot elect payments in the form of a life annuity; and (2ii) on the death of a Participant, the Participant's vested account balance Vested Account Balance will be paid to the Participant's surviving spouseSpouse, but if there is no surviving spouseSpouse, or if the surviving spouse Spouse has consented in a manner conforming to a qualified electionQualified Election, then to the Participant's Designated Beneficiary. The surviving spouse Spouse may elect to have distribution of the vested account balance Vested Account Balance commence within the 90-day ninety (90)-day period following the date of the Participant's death. The account Account balance shall be adjusted for gains or losses occurring after the Participant's death in accordance with the provisions of the Plan plan governing the adjustment of account Account balances for other types of distributions. If the plan provides for a separate accounting of the participant’s benefits, these requirements need only apply to the separate account This Section 9.06 subsection shall not be operative with respect to a Participant participant in a Profit-Sharing Plan profit sharing plan if the Plan plan is a direct or indirect transferee of a defined benefit plan, money purchase plan, a target benefit plan, stock bonus, or profit-profit sharing plan which is subject to the survivor annuity requirements of sections Section 401(a)(11) and Section 417 of the Code. If this Section 9.06 subsection is operative, then the provisions of this Article, other than Section 9.06the following Section, shall be inoperative. (b) The Participant may waive the spousal death benefit described in this Section at any time provided that no such waiver shall be effective unless it satisfies the conditions of Section 14.50 of the Plan (other than the notification requirement referred to therein) that would apply to the Participant's waiver of the Qualified Preretirement Survivor Annuityqualified preretirement survivor annuity. (c) For purposes of this Section 9.06Article, "vested account balance" Vested Account Balance shall mean, in the case of a money purchase pension plan or a target benefit plan, the Participant's separate account Account balance attributable solely to accumulated deductible employee contributions within the meaning of section 72(o)(5)(BSection 72(O)(5)(b) of the Code. In the case of a profit-profit sharing plan, "vested account balance" Account balance shall have the same meaning as provided in Section 14.54 of the Plan11.4. (d) If the Employer's Profit-Sharing Plan satisfies the requirements contained in section 9.06(a) above, with respect to a Participant in this Plan, such Plan is not required to provide a Qualified Joint and Survivor Annuity for such Participant. Such Plan may replace the Qualified Joint and Survivor Annuity with a payment of a single-sum distribution form of payment that is otherwise identical to such annuity in accordance with the requirements under Treasury Regulations 1.411(d)-4, Q&A 2(e).

Appears in 1 contract

Samples: Nonstandardized Adoption Agreement (Merrill Merchants Bancshares Inc)

Safe Harbor Rules. (a1. If the Employer so indicates in the Adoption Agreement, this Section 6.05(F) This Section shall apply to a Participant in a Profit-Sharing Planprofit sharing plan, and shall always apply to any distribution, made on or after the first day of the first Plan Year beginning after December 31, 1988, from or under a separate account attributable solely to accumulated deductible employee contributions, as defined in section Section 72(o)(5)(B) of the Code, and maintained on behalf of a Participant in a money purchase pension plan plan, (including a target benefit plan), ) if the following conditions are satisfied: (1) : a. the Participant does not or cannot elect payments in the form of a life annuity; and (2) and b. on the death of a Participantparticipant, the Participant's vested Vested account balance will be paid to the Participant's surviving spouse, but if there is no surviving spouse, or if the surviving spouse has consented in a manner conforming to a qualified election, then to the Participant's Designated Beneficiarydesignated beneficiary. The surviving spouse may elect to have distribution of the vested Vested account balance commence within the 90-day period following the date of the Participant's death. The account balance shall be adjusted for gains or losses occurring after the Participant's death in accordance with the provisions of the Plan governing the adjustment of account balances for other types of distributions. If the plan provides for a separate accounting of the participant’s benefits, these requirements need only apply to the separate account This Section 9.06 6.05(F) shall not be operative with respect to a Participant in a Profit-Sharing Plan profit sharing plan if the Plan plan is a direct or indirect transferee of a defined benefit plan, money purchase plan, a target benefit plan, stock bonus, or profit-profit sharing plan which is subject to the survivor annuity requirements of sections Section 401(a)(11) and Section 417 of the Code. If this Section 9.06 6.05(F) is operative, then the provisions of this Article, Section 6.05 other than Section 9.06, 6.05(G) shall be inoperative. (b) 2. The Participant may waive the spousal death benefit described in this Section 6.05(F) at any time provided that no such waiver shall be effective unless it satisfies the conditions of Section 14.50 of the Plan 6.05(D)(3) (other than the notification requirement referred to therein) that would apply to the Participant's waiver of the Qualified Preretirement Survivor Annuityqualified preretirement survivor annuity. (c) 3. For purposes of this Section 9.066.05(F), "vested Vested account balance" balance shall mean, in the case of a money purchase pension plan or a target benefit plan, the Participant's separate account balance attributable solely to accumulated deductible employee contributions within the meaning of section Section 72(o)(5)(B) of the Code. In the case of a profit-profit sharing plan, "vested Vested account balance" balance shall have the same meaning as provided in Section 14.54 of the Plan. (d) If the Employer's Profit-Sharing Plan satisfies the requirements contained in section 9.06(a) above, with respect to a Participant in this Plan, such Plan is not required to provide a Qualified Joint and Survivor Annuity for such Participant. Such Plan may replace the Qualified Joint and Survivor Annuity with a payment of a single-sum distribution form of payment that is otherwise identical to such annuity in accordance with the requirements under Treasury Regulations 1.411(d)-4, Q&A 2(e6.05(D)(7).

Appears in 1 contract

Samples: Tax Sheltered Custodial Account Agreement (New England Funds Trust I)

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Safe Harbor Rules. (a) This Section section shall apply to a Participant in a Profitprofit-Sharing Plan, sharing plan and to any distribution, made on or after the first day of the first Plan Year beginning after December 31, 1988, from or under a separate account attributable solely to accumulated deductible employee contributionsEmployee Contributions, as defined in section Section 72(o)(5)(B) 41 of the Code, and maintained on behalf of a Participant in a money purchase pension plan plan, (including a target benefit plan), ) if the following conditions are satisfied: (1i) the Participant does not or cannot elect payments in the form of a life annuity; and (2ii) on the death of a Participant, the Participant's vested account balance Vested Account Balance will be paid to the Participant's surviving spouseSpouse, but if there is no surviving spouseSpouse, or if the surviving spouse Spouse has consented in a manner conforming to a qualified electionQualified Election, then to the Participant's Designated Beneficiarydesignated beneficiary. The surviving spouse Spouse may elect to have distribution of the vested account balance Vested Account Balance commence within the 90-day period following the date of the Participant's death. The account balance shall be adjusted for gains or losses occurring after the Participant's death in accordance with the provisions of the Plan governing the adjustment of account balances for other types of distributions. If the plan provides for a separate accounting of the participant’s benefits, these requirements need only apply to the separate account This Section 9.06 section shall not be operative with respect to a Participant in a Profitprofit-Sharing Plan sharing plan if the Plan is a direct or indirect transferee of a defined benefit plan, money purchase plan, a target benefit plan, stock bonus, or profit-sharing plan which is subject to the survivor annuity requirements of sections Section 401(a)(11) and Section 417 of the Code. If this Section 9.06 section is operative, then the provisions of this Articlearticle, other than Section 9.06section 12.06, shall be inoperative. (b) The Participant may waive the spousal death benefit described in this Section section at any time provided that no such waiver shall be effective unless it satisfies the conditions of Section 14.50 of the Plan 12.03 (c) (other than the notification requirement referred to therein) that would apply to the Participant's waiver of the Qualified Preretirement Survivor Annuity. (c) For purposes of this Section 9.06, "vested account balance" shall mean, in the case of a money purchase pension plan or a target benefit plan, the Participant's separate account balance attributable solely to accumulated deductible employee contributions within the meaning of section 72(o)(5)(B) of the Code. In the case of a profit-sharing plan, "vested account balance" shall have the same meaning as provided in Section 14.54 of the Plan. (d) If the Employer's Profit-Sharing Plan satisfies the requirements contained in section 9.06(a) above, with respect to a Participant in this Plan, such Plan is not required to provide a Qualified Joint and Survivor Annuity for such Participant. Such Plan may replace the Qualified Joint and Survivor Annuity with a payment of a single-sum distribution form of payment that is otherwise identical to such annuity in accordance with the requirements under Treasury Regulations 1.411(d)-4, Q&A 2(e).

Appears in 1 contract

Samples: Defined Contribution Plan and Trust (Trimedyne Inc)

Safe Harbor Rules. (a1. If the Employer so indicates in the Adoption Agreement, this Section 6.05(F) This Section shall apply to a Participant in a Profit-Sharing Planprofit sharing plan, and shall always apply to any distribution, made on or after the first day of the first Plan Year beginning after December 31, 1988, from or under a separate account attributable solely to accumulated deductible employee contributions, as defined in section Section 72(o)(5)(B) of the Code, and maintained on behalf of a Participant in a money purchase pension plan plan, (including a target benefit plan), ) if the following conditions are satisfied: (1) : a. the Participant does not or cannot elect payments in the form of a life annuity; and (2) and b. on the death of a Participantparticipant, the Participant's vested Vested account balance will be paid to the Participant's Participants surviving spouse, but if there is no surviving spouse, or if the surviving spouse has consented in a manner conforming to a qualified election, then to the Participant's Designated Beneficiarydesignated beneficiary. The surviving spouse may elect to have distribution of the vested Vested account balance commence within the 90-day period following the date of the Participant's death. The account balance shall be adjusted for gains or losses occurring after the Participant's death in accordance with the provisions of the Plan governing the adjustment of account balances for other types of distributions. If the plan provides for a separate accounting of the participant’s benefits, these requirements need only apply to the separate account This Section 9.06 6.05(F) shall not be operative with respect to a Participant in a Profit-Sharing Plan profit sharing plan if the Plan plan is a direct or indirect transferee of a defined benefit plan, money purchase plan, a target benefit plan, stock bonus, or profit-profit sharing plan which is subject to the survivor annuity requirements of sections Section 401(a)(11) and Section 417 of the Codecode. If this Section 9.06 6.05(F) is operative, then the provisions of this Article, Section 6.05 other than Section 9.06, 6.05(G) shall be inoperative. (b) 2. The Participant may waive waive, the spousal death benefit described in this Section 6.05(F) at any time provided that no such waiver shall be effective unless it satisfies the conditions of Section 14.50 of the Plan 6.05(D)(3) (other than the notification requirement referred to therein) that would apply to the Participant's waiver of the Qualified Preretirement Survivor Annuityqualified preretirement survivor annuity. (c) 3. For purposes of this Section 9.066.05(F), "vested Vested account balance" balance shall mean, in the case of a money purchase pension plan or a target benefit plan, the Participant's separate account balance attributable solely to accumulated deductible employee contributions within the meaning of section Section 72(o)(5)(B) of the Code. In the case of a profit-profit sharing plan, "vested Vested account balance" balance shall have the same meaning as provided in Section 14.54 of the Plan. (d) If the Employer's Profit-Sharing Plan satisfies the requirements contained in section 9.06(a) above, with respect to a Participant in this Plan, such Plan is not required to provide a Qualified Joint and Survivor Annuity for such Participant. Such Plan may replace the Qualified Joint and Survivor Annuity with a payment of a single-sum distribution form of payment that is otherwise identical to such annuity in accordance with the requirements under Treasury Regulations 1.411(d)-4, Q&A 2(e6.05(D)(7).

Appears in 1 contract

Samples: Qualified Retirement Plan and Trust (Bradford Funds Inc)

Safe Harbor Rules. (a) 10.6.1 This Section shall apply to a Participant in a Profitprofit-Sharing Plansharing plan, and to any distribution, made on or after the first day of the first Plan Year beginning after December 31, 1988, from or under a separate account attributable solely to accumulated deductible employee Employee contributions, as defined in section Section 72(o)(5)(B) of the Code, and maintained on behalf of a Participant in a money purchase pension plan plan, (including a target benefit plan), ) if the following conditions are satisfied: (1a) the Participant does not or cannot elect payments in the form of a life annuity; and (2b) on the death of a Participant, the Participant's vested account balance will be paid to the Participant's surviving spouse, but if there is no surviving spouse, or if the surviving spouse has consented in a manner conforming to a qualified election, then to the Participant's Designated Beneficiarydesignated beneficiary. The surviving spouse may elect to have distribution of the vested account balance commence within the 90-day period following the date of the Participant's death. The account balance shall be adjusted for gains or losses occurring after the Participant's death in accordance with the provisions of the Plan governing the adjustment of account balances for other types of distributions. If the plan provides for a separate accounting of the participant’s benefits, these requirements need only apply to the separate account This Section 9.06 10.6 shall not be operative with respect to a Participant in a Profit-Sharing Plan profit sharing plan if the Plan plan is a direct or indirect transferee of a defined benefit plan, money purchase plan, a target benefit plan, stock bonus, or profit-profit sharing plan which is subject to the survivor annuity requirements of sections Section 401(a)(11) and Section 417 of the Code. If this Section 9.06 10.6 is operative, then the provisions of this Article, other than Section 9.0610.7, shall be inoperative. (b) 10.6.2 The Participant may waive the spousal death benefit described in this Section at any time provided that no such waiver shall be effective unless it satisfies the conditions of described in Section 14.50 of the Plan 10.4(c) (other than the notification requirement referred to thereinrequirement) that would apply to the Participant's waiver of the Qualified Preretirement Survivor Annuity. (c) 10.6.3 For purposes of this Section 9.0610.6, "vested account balance" balance shall mean, in the case of a money purchase pension plan or a target benefit plan, the Participant's separate account balance attributable solely to accumulated deductible employee Employee contributions within the meaning of section Section 72(o)(5)(B) of the Code. In the case of a profit-profit sharing plan, "vested account balance" balance shall have the same meaning as provided in Section 14.54 of the Plan. (d) If the Employer's Profit-Sharing Plan satisfies the requirements contained in section 9.06(a) above, with respect to a Participant in this Plan, such Plan is not required to provide a Qualified Joint and Survivor Annuity for such Participant. Such Plan may replace the Qualified Joint and Survivor Annuity with a payment of a single-sum distribution form of payment that is otherwise identical to such annuity in accordance with the requirements under Treasury Regulations 1.411(d)-4, Q&A 2(e10.4(h).

Appears in 1 contract

Samples: Regional Prototype Profit Sharing Plan and Trust/Custodial Account Nonstandard Plan Adoption Agreement (Greater Bay Bancorp)

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