SPECIAL ANNUITY AND SPOUSAL CONSENT PROVISIONS. If you are married, your interest in this Contract shall be paid in the Normal Form joint and survivor annuity, and if you are unmarried, your interest shall be paid in the Normal Form life annuity, unless you elect otherwise as described in this Section. If you are married and die before payment of your interest has commenced, your interest shall be paid to your surviving spouse in the form of a life annuity, unless at the time of your death there was a contrary election made pursuant to this Section. The foregoing notwithstanding, your surviving spouse may elect, before payment is to commence, to have payment made in any form permitted under the terms of this Contract. You may elect, at any time within the 90 consecutive day period before the first day of the first period for which your interest is paid as an annuity or in any other form, not to have your interest paid in the Normal Form in which case it shall be paid in any other form elected under the terms of this Contract. If such interest is to be paid to your spouse upon your death, you may elect, during the period beginning on the first day of the plan year of the Plan in which you attain age 35 (or, if you separate from service prior to that plan year, beginning on the date of separation) and ending with your death, for a beneficiary other than your spouse to receive payment of the value of your interest. In addition, if you will not yet attain age 35 by the end of any current plan year, you may make a special qualified election to designate a beneficiary other than your spouse to receive payment of the value of your interest. Such special qualified election shall be effective for the period beginning on the date of such election and ending on the first day of the plan year in which you will attain age 35. Amounts payable in accordance with this Section will be automatically reinstated as of the first day of the plan year in which you attain age 35 unless a new election designating a beneficiary other than the spouse is made in accordance with the requirements of this Section. Any election described in the foregoing paragraph must be consented to by your spouse in writing before a notary public or a representative of the Plan, unless you can prove that there is no spouse or that the spouse cannot be located. Also, if you have become legally separated from your spouse or have been abandoned (within the meaning of local law) and have a court order to such effect, spousal consent is not required unless a qualified domestic relations order provides otherwise. Your election must designate a specific beneficiary (including any class of beneficiaries or any contingent beneficiaries) that may not be changed without further consent of the spouse, unless the spouse's consent expressly permits designation by you without further consent of the spouse. The spouse's consent under this Section shall acknowledge the effect of the election. In addition, the spouse's consent (or the establishment that the consent of the spouse may not be obtained) shall only be valid with respect to such spouse. Your waiver of the Normal Form 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 you without any further spousal consent). A consent that permits designations by you 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. If you make an election under this Section you may revoke that election, without spousal consent, at any time before the first day of the first period for which an amount is paid as an annuity or in any other form. The provision requiring spousal consent in this Section shall also apply with regard to your election to terminate this Contract or make partial withdrawals pursuant to Sections 2.06 and 2.07 and with respect to a beneficiary designation set forth in Section 4.04. Spousal consent, as described in this Section, is also required in the 90 day period before a Plan loan is granted to you pursuant to Section 2.10. If the Annuity Account Value applied to provide the spousal benefits on the date payment is to commence is in the aggregate less than $3,500, we may choose to make payment in a single sum rather than in the form of a Qualified Joint and Survivor Annuity or Life Annuity as described herein. Upon any payment made pursuant to this Section, we will be released from any and all liability for payment with respect to the Contributions made for you.
Appears in 1 contract
Samples: Annuity Contract (Separate Account a of Equitable Life Assu Soc of the Us)
SPECIAL ANNUITY AND SPOUSAL CONSENT PROVISIONS. if this Contract is issued pursuant to a Plan subject to Title I of ERISA, then the provisions of this Section shall supersede any contrary provisions in this Contract. If you are married, your interest in this the Contract shall be paid in the Normal Form joint and survivor annuity, and if you are unmarried, your interest shall be paid in the Normal Form life annuity, unless you elect otherwise as described in this Section. If you are married and die before payment of your interest has commenced, your interest shall be paid to your surviving spouse in the form of a life annuity, unless at the time of your death there was a contrary election made pursuant to this Section. The foregoing notwithstanding, your surviving spouse may elect, before payment is to commence, to have payment made in any form permitted under the terms of this Contract. You may elect, at any time within the 90 consecutive day period before the first day of the first period for which your interest is paid as an annuity or in any other form, not to have your interest paid in the Normal Form Form, in which case it shall be paid in any other form elected under the terms of this Contract. If such interest is to be paid to your spouse upon your death, you may elect, during the period beginning on the first day of the plan year of the Plan in which you attain age 35 (or, if you separate from service prior to that plan year, beginning on the date of separation) and ending with your death, for a beneficiary other than your spouse to receive payment of the value of your interest. In addition, if you will not yet attain age 35 by the end of any current plan year, you may make a special qualified election to designate a beneficiary other than your spouse to receive payment of the value of your interest. Such , which special qualified election shall be effective for the period beginning on the date of such election and ending on the first day of the plan year in which you will attain age 35. Amounts payable in accordance with this Section will be automatically reinstated as of the first day of the plan year in which you attain age 35 unless a new election designating a beneficiary other than the spouse is made in accordance with the requirements of this Section. Any election described in the foregoing paragraph must be consented to by your spouse in writing before a notary public or a representative of the Plan, Plan unless you can prove that there is no spouse or that the spouse cannot be located. Also, if you have become legally separated from your spouse or have been abandoned (within the meaning of local law) and have a court order to such effect, spousal consent is not required unless a qualified domestic relations order provides otherwise. Your election must designate a specific beneficiary (including any class of beneficiaries or any contingent beneficiaries) that may not be changed without further consent of the spouse, unless the spouse's consent expressly permits designation by you without further consent of the spouse. The spouse's consent under this Section section shall acknowledge the effect of the election. In addition, the spouse's consent (or the establishment that the consent of the spouse may not be obtained) shall only be valid with respect to such spouse. Your waiver of the Normal Form 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 you without any further spousal consent). A consent that permits designations by you without any requirement of further consent by such spouse must acknowledge that the spouse has the right to limit consent to a specific beneficiary, beneficiary and a specific form of benefit where applicable, and that the spouse voluntarily elects to relinquish either or both of such rights. If you make an election under this Section Section, you may revoke that election, without spousal consent, at any time before the first day of the first period for which an amount is paid as an annuity or in any other form. The provision provisions requiring spousal consent in this Section shall also apply with regard to your election to terminate this Contract or make partial withdrawals pursuant to Sections 2.06 and 2.07 2.07, and with respect to a beneficiary designation set forth in Section 4.04. Spousal A spouse's written consent, as described in this Sectionwitnessed by a representative of the Plan or a notary public, is also required in must be given on a form acceptable to the Employer and us, within the 90 consecutive day period before a Plan loan is granted prior to any such payment or withdrawal, or beneficiary designation, unless you pursuant to Section 2.10can show that you have no spouse or that the spouse cannot be located. If the Annuity Account Value applied to provide the spousal benefits on the date payment is to commence is in the aggregate less than $3,500, we may choose to make payment in a single sum rather than in the form of a Qualified Joint and Survivor Annuity or Life Annuity as described herein. Upon any payment made pursuant to this Section, we will be released from any and all liability for payment with respect to the Contributions made for you.. ---------------------------------------------------------------------------- PART IV - GENERAL PROVISIONS
Appears in 1 contract
Samples: Annuity Contract (Separate Account a of Equitable Life Assu Soc of the Us)
SPECIAL ANNUITY AND SPOUSAL CONSENT PROVISIONS. If you are married, your interest in this Contract shall be paid in the Normal Form joint and survivor annuity, and if you are unmarried, your interest shall be paid in the Normal Form life annuity, unless you elect otherwise as described in this Section. If you are married and die before payment of your interest has commenced, your interest shall be paid to your surviving spouse in the form of a life annuity, unless at the time of your death there was a contrary election made pursuant to this Section. The foregoing notwithstanding, your surviving spouse may elect, before payment is to commence, to have payment made in any form permitted under the terms of this Contract. You may elect, at any time within the 90 consecutive day period before the first day of the first period for which your interest is paid as an annuity or in any other form, not to have your interest paid in the Normal Form in which case it shall be paid in any other form elected under the terms of this Contract. If such interest is to be paid to your spouse upon your death, you may elect, during the period beginning on the first day of the plan year of the Plan in which you attain age 35 years (or, or if you separate from service Service prior to that plan year, beginning on the date of separation) and ending with your death, for a beneficiary other than your spouse to receive payment of the value of your interest. In addition, if you will not yet attain age 35 years by the end of any current plan year, you may make a special qualified election to designate a beneficiary other than your spouse to receive payment of the value of your interest. Such special qualified election shall be effective for the period beginning on the date of such election and ending on the first day of the plan year in which you will attain age 35. Amounts payable in accordance with this Section will be automatically reinstated as of the first day of the plan year in which you attain age 35 unless a new election designating a beneficiary other than the spouse is made in accordance with the requirements of this Section. Any election described in the foregoing paragraph must be consented to by your spouse in writing before a notary public or a representative of the Plan, unless you can prove that there is no spouse or that the spouse cannot be located. Also, if you have become legally separated from your spouse or have been abandoned (within the meaning of local law) and have a court order to such effect, spousal consent is not required unless a qualified domestic relations order provides otherwise. Your election must designate a specific beneficiary (including any class of beneficiaries or any contingent beneficiaries) that may not be changed without further consent of the spouse, unless the spouse's consent expressly permits designation by you without further consent of the spouse. The spouse's consent under this Section shall acknowledge the effect of the election. In addition, the spouse's consent (or the establishment that the consent of the spouse may not be obtained) shall only be valid with respect to such spouse. Your waiver of the Normal Form 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 you without any further spousal consent). A consent that permits designations by you 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. If you make an election under this Section you may revoke that election, without spousal consent, at any time before the first day of the first period for which an amount is paid as an annuity or in any other form. The provision requiring spousal consent in this Section shall also apply with regard to your election to terminate this Contract or make partial withdrawals pursuant to Sections 2.06 and 2.07 and with respect to a beneficiary designation set forth in Section 4.04. Spousal consent, as described in this Section, is also required in the 90 day period before a Plan loan is granted to you pursuant to Section 2.10. If the Annuity Account Value applied to provide the spousal benefits on the date payment is to commence is in the aggregate less than $3,500, we may choose to make payment in a single sum rather than in the form of a Qualified Joint and Survivor Annuity or Life Annuity as described herein. Upon any payment made pursuant to this Section, we will be released from any and all liability for payment with respect to the Contributions made for you.
Appears in 1 contract
Samples: Annuity Contract (Separate Account a of Equitable Life Assu Soc of the Us)
SPECIAL ANNUITY AND SPOUSAL CONSENT PROVISIONS. If this Contract is issued pursuant to a Plan subject to Title I of ERISA, then the provisions of this Section shall supersede any contrary provisions in this Contract. If you are married, your interest in this the Contract shall be paid in the Normal Form joint and survivor annuity, and if you are unmarried, your interest shall be paid in the Normal Form life annuity, unless you elect otherwise as described in this Section. If you are married and die before payment of your interest has commenced, your interest shall be paid to your surviving spouse in the form of a life annuity, unless at the time of your death there was a contrary election made pursuant to this Section. The foregoing notwithstanding, your surviving spouse may elect, before payment is to commence, to have payment made in any form permitted under the terms of this Contract. You may elect, at any time within the 90 consecutive day period before the first day of the first period for which your interest is paid as an annuity or in any other form, not to have your interest paid in the Normal Form Form, in which case it shall be paid in any other form elected under the terms of this Contract. If such interest is to be paid to your spouse upon your death, you may elect, during the period beginning on the first day of the plan year of the Plan in which you attain age 35 (or, if you separate from service prior to that plan year, beginning on the date of separation) and ending with your death, for a beneficiary other than your spouse to receive payment of the value of your interest. In addition, if you will not yet attain age 35 by the end of any current plan year, you may make a special qualified election to designate a beneficiary other than your spouse to receive payment of the value of your interest. Such , which special qualified election shall be effective for the period beginning on the date of such election and ending on the first day of the plan year in which you will attain age 35. Amounts payable in accordance with this Section will be automatically reinstated as of the first day of the plan year in which you attain age 35 unless a new election designating a beneficiary other than the spouse is made in accordance with the requirements of this Section. Any election described in the foregoing paragraph must be consented to by your spouse in writing before a notary public or a representative of the Plan, Plan unless you can prove that there is no spouse or that the spouse cannot be located. Also, if you have become legally separated from your spouse or have been abandoned (within the meaning of local law) and have a court order to such effect, spousal consent is not required unless a qualified domestic relations order provides otherwise. Your election must designate a specific beneficiary (including any class of beneficiaries or any contingent beneficiaries) that may not be changed without further consent of the spouse, unless the spouse's consent expressly permits designation by you without further consent of the spouse. The spouse's consent under this Section section shall acknowledge the effect of the election. In addition, the spouse's consent (or the establishment that the consent of the spouse may not be obtained) shall only be valid with respect to such spouse. Your waiver of the Normal Form 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 you without any further spousal consent). A consent that permits designations by you without any requirement of further consent by such spouse must acknowledge that the spouse has the right to limit consent to a specific beneficiary, beneficiary and a specific form of benefit where applicable, and that the spouse voluntarily elects to relinquish either or both of such rights. If you make an election under this Section Section, you may revoke that election, without spousal consent, at any time before the first day of the first period for which an amount is paid as an annuity or in any other form. The provision provisions requiring spousal consent in this Section shall also apply with regard to your election to terminate this Contract or make partial withdrawals pursuant to Sections 2.06 and 2.07 2.07, and with respect to a beneficiary designation set forth in Section 4.04. Spousal A spouse's written consent, as described in this Sectionwitnessed by a representative of the Plan or a notary public, is also required in must be given on a form acceptable to the Employer and us, within the 90 consecutive day period before a Plan loan is granted prior to any such payment, or withdrawal, or beneficiary designation, unless you pursuant to Section 2.10can show that you have no spouse or that the spouse cannot be located. If the Annuity Account Value applied to provide the spousal benefits on the date payment is to commence is in the aggregate less than $3,500, we may choose to make payment in a single sum rather than in the form of a Qualified Joint and Survivor Annuity or Life Annuity as described herein. Upon any payment made pursuant to this Section, we will be released from any and all liability for payment with respect to the Contributions made for you.
Appears in 1 contract
Samples: Annuity Contract (Separate Account a of Equitable Life Assu Soc of the Us)
SPECIAL ANNUITY AND SPOUSAL CONSENT PROVISIONS. If you are married, your interest in this Contract shall be paid in the Normal Form joint and survivor annuity, and if you are unmarried, your interest shall be paid in the Normal Form life annuity, unless you elect otherwise as described in this Section. If you are married and die before payment of your interest has commenced, your interest shall be paid to your surviving spouse in the form of a life annuity, unless at the time of your death there was a contrary election made pursuant to this Section. The foregoing notwithstanding, your surviving spouse may elect, before payment is to commence, to have payment made in any form permitted under the terms of this Contract. You may elect, at any time within the 90 consecutive day period before the first day of the first period for which your interest is paid as an annuity or in any other form, not to have your interest paid in the Normal Form in which case it shall be paid in any other form elected under the terms of this Contract. If such interest is to be paid to your spouse upon your death, you may elect, during the period beginning on the first day of the plan year of the Plan in which you attain age 35 (or, if you separate from service prior to that plan year, beginning on the date of separation) and ending with your death, for a beneficiary other than your spouse to receive payment of the value of your interest. In addition, if you will not yet attain age 35 by the end of any current plan year, you may make a special qualified election to designate a beneficiary other than your spouse to receive payment of the value of your interest. Such special qualified election shall be effective for the period beginning on the date of such election and ending on the first day of the plan year in which you will attain age 35. Amounts payable in accordance with this Section will be automatically reinstated as of the first day of the plan year in which you attain age 35 unless a new election designating a beneficiary other than the spouse is made in accordance with the requirements of this Section. Any election described in the foregoing paragraph must be consented to by your spouse in writing before a notary public or a representative of the Plan, unless you can prove that there is no spouse or that the spouse cannot be located. Also, if you have become legally separated from your spouse or have been abandoned (within the meaning of local law) and have a court order to such effect, spousal consent is not required unless a qualified domestic relations order provides otherwise. Your election must designate a specific beneficiary (including any class of beneficiaries or any contingent beneficiaries) that may not be changed without further consent of the spouse, unless the spouse's consent expressly permits designation by you without further consent of the spouse. The spouse's consent under this Section shall acknowledge the effect of the election. In addition, the spouse's consent (or the establishment that the consent of the spouse may not be obtained) shall only be valid with respect to such spouse. Your waiver of the Normal Form 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 you without any further spousal consent). A consent that permits designations by you 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. If you make an election under this Section you may revoke that election, without spousal consent, at any time before the first day of the first period for which an amount is paid as an annuity or in any other form. The provision requiring spousal consent in this Section shall also apply with regard to your election to terminate this Contract or make partial withdrawals pursuant to Sections 2.06 and 2.07 and with respect to a beneficiary designation set forth in Section 4.04. Spousal consent, as described in this Section, is also required in the 90 day period before a Plan loan is granted to you pursuant to Section 2.10. If the Annuity Account Value applied to provide the spousal benefits on the date payment is to commence is in the aggregate less than $3,500, we may choose to make payment in a single sum rather than in the form of a Qualified Joint and Survivor Annuity or Life Annuity as described herein. Upon any payment made pursuant to this Section, we will be released from any and all liability for payment with respect to the Contributions made for you.. --------------------------------------------------------------------------------
Appears in 1 contract
Samples: Annuity Contract (Separate Account a of Equitable Life Assu Soc of the Us)
SPECIAL ANNUITY AND SPOUSAL CONSENT PROVISIONS. If this Contract is issued pursuant to a Plan subject to Title I of ERISA, then the provisions of this Section shall supersede any contrary provisions in this Contract. If you are married, your interest in this the Contract shall be paid in the Normal Form joint and survivor annuity, and if you are unmarried, your interest shall be paid in the Normal Form life annuity, unless you elect otherwise as described in this Section. If you are married and die before payment of your interest has commenced, your interest shall be paid to your surviving spouse in the form of a life annuity, unless at the time of your death there was a contrary election made pursuant to this Section. The foregoing notwithstanding, your surviving spouse may elect, before payment is to commence, to have payment made in any form permitted under the terms of this Contract. You may elect, at any time within the 90 consecutive day period before the first day of the first period for which your interest is paid as an annuity or in any other form, not to have your interest paid in the Normal Form Form, in which case it shall be paid in any other form elected under the terms of this Contract. If such interest is to be paid to your spouse upon your death, you may elect, during the period beginning on the first day of the plan year of the Plan in which you attain age 35 (or, if you separate from service prior to that plan year, beginning on the date of separation) and ending with your death, for a beneficiary other than your spouse to receive payment of the value of your interest. In addition, if you will not yet attain age 35 by the end of any current plan year, you may make a special qualified election to designate a beneficiary other than your spouse to receive payment of the value of your interest. Such , which special qualified election shall be effective for the period beginning on the date of such election and ending on the first day of the plan year in which you will attain age 35. Amounts payable in accordance with this Section will be automatically reinstated as of the first day of the plan year in which you attain age 35 unless a new election designating a beneficiary other than the spouse is made in accordance with the requirements of this Section. Any election described in the foregoing paragraph must be consented to by your spouse in writing before a notary public or a representative of the Plan, Plan unless you can prove that there is no spouse or that the spouse cannot be located. Also, if you have become legally separated from your spouse or have been abandoned (within the meaning of local law) and have a court order to such effect, spousal consent is not required unless a qualified domestic relations order provides otherwise. Your election must designate a specific beneficiary (including any class of beneficiaries or any contingent beneficiaries) that may not be changed without further consent of the spouse, unless the spouse's consent expressly permits designation by you without further consent of the spouse. The spouse's consent under this Section section shall acknowledge the effect of the election. In addition, the spouse's consent (or the establishment that the consent of the spouse may not be obtained) shall only be valid with respect to such spouse. Your waiver of the Normal Form 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 you without any further spousal consent). A consent that permits designations by you without any requirement of further consent by such spouse must acknowledge that the spouse has the right to limit consent to a specific beneficiary, beneficiary and a specific form of benefit where applicable, and that the spouse voluntarily elects to relinquish either or both of such rights. If you make an election under this Section Section, you may revoke that election, without spousal consent, at any time before the first day of the first period for which an amount is paid as an annuity or in any other form. The provision provisions requiring spousal consent in this Section shall also apply with regard to your election to terminate this Contract or make partial withdrawals pursuant to Sections 2.06 and 2.07 2.07, and with respect to a beneficiary designation set forth in Section 4.04. Spousal A spouse's written consent, as described in this Sectionwitnessed by a representative of the Plan or a notary public, is also required in must be given on a form acceptable to the Employer and us, within the 90 consecutive day period before a Plan loan is granted prior to any such payment or withdrawal, or beneficiary designation, unless you pursuant to Section 2.10can show that you have no spouse or that the spouse cannot be located. If the Annuity Account Value applied to provide the spousal benefits on the date payment is to commence is in the aggregate less than $3,500, we may choose to make payment in a single sum rather than in the form of a Qualified Joint and Survivor Annuity or Life Annuity as described herein. Upon any payment made pursuant to this Section, we will be released from any and all liability for payment with respect to the Contributions made for you.
Appears in 1 contract
Samples: Annuity Contract (Separate Account a of Equitable Life Assu Soc of the Us)
SPECIAL ANNUITY AND SPOUSAL CONSENT PROVISIONS. If this Contract is issued pursuant to a Plan subject to Title I of ERISA, then the provisions of this Section shall supersede any contrary provisions in this Contract. If you are married, your interest in this the Contract shall be paid in the Normal Form joint and survivor annuity, and if you are unmarried, your interest shall be paid in the Normal Form life annuity, unless you elect otherwise as described in this Section. If you are married and die before payment of your interest has commenced, your interest shall be paid to your surviving spouse in the form of a life annuity, unless at the time of your death there was a contrary election made pursuant to this Section. The foregoing notwithstanding, your surviving spouse may elect, before payment is to commence, to have payment made in any form permitted under the terms of this Contract. You may elect, at any time within the 90 consecutive day period before the first day of the first period for which your interest is paid as an annuity or in any other form, not to have your interest paid in the Normal Form Form, in which case it shall be paid in any other form elected under the terms of this Contract. If such interest is to be paid to your spouse upon your death, you may elect, during the period beginning on the first day of the plan year of the Plan in which you attain age 35 (or, if you separate from service prior to that plan year, beginning on the date of separation) and ending with your death, for a beneficiary other than your spouse to receive payment of the value of your interest. In addition, if you will not yet attain age 35 by the end of any current plan year, you may make a special qualified election to designate a beneficiary other than your spouse to receive payment of the value of your interest. Such , which special qualified election shall be effective for the period beginning on the date of such election and ending on the first day of the plan year in which you will attain age 35. Amounts payable in accordance with this Section will be automatically reinstated as of the first day of the plan year in which you attain age 35 unless a new election designating a beneficiary other than the spouse is made in accordance with the requirements of this Section. Any election described in the foregoing paragraph must be consented to by your spouse in writing before a notary public or a representative of the Plan, Plan unless you can prove that there is no spouse or that the spouse cannot be located. Also, if you have become legally separated from your spouse or have been abandoned (within the meaning of local law) and have a court order to such effect, spousal consent is not required unless a qualified domestic relations order provides otherwise. Your election must designate a specific beneficiary (including any class of beneficiaries or any contingent beneficiaries) that may not be changed without further consent of the spouse, unless the spouse's consent expressly permits designation by you without further consent of the spouse. The spouse's consent under this Section section shall acknowledge the effect of the election. In addition, the spouse's consent (or the establishment that the consent of the spouse may not be obtained) shall only be valid with respect to such spouse. Your waiver of the Normal Form 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 you without any further spousal consent). A consent that permits designations by you without any requirement of further consent by such spouse must acknowledge that the spouse has the right to limit consent to a specific beneficiary, beneficiary and a specific form of benefit where applicable, and that the spouse voluntarily elects to relinquish either or both of such rights. If you make an election under this Section Section, you may revoke that election, without spousal consent, at any time before the first day of the first period for which an amount is paid as an annuity or in any other form. The provision provisions requiring spousal consent in this Section shall also apply with regard to your election to terminate this Contract or make partial withdrawals pursuant to Sections 2.06 and 2.07 2.07, and with respect to a beneficiary designation set forth in Section 4.04. Spousal A spouse's written consent, as described in this Sectionwitnessed by a representative of the Plan or a notary public, is also required in must be given on a form acceptable to the Employer and us, within the 90 consecutive day period before a Plan loan is granted prior to any such payment or withdrawal, or beneficiary designation, unless you pursuant to Section 2.10can show that you have no spouse or that the spouse cannot be located. If the Annuity Account Value applied to provide the spousal benefits on the date payment is to commence is in the aggregate less than $3,500, we may choose to make payment in a single sum rather than in the form of a Qualified Joint and Survivor Annuity or Life Annuity as described herein. Upon any payment made pursuant to this Section, we will be released from any and all liability for payment with respect to the Contributions made for you.. -------------------------------------------------------------------------------
Appears in 1 contract
Samples: Annuity Contract (Separate Account a of Equitable Life Assu Soc of the Us)
SPECIAL ANNUITY AND SPOUSAL CONSENT PROVISIONS. If you are married, your interest in this Contract shall be paid in the Normal Form joint and survivor annuity, and if you are unmarried, your interest shall be paid in the Normal Form life annuity, unless you elect otherwise as described in this Section. If you are married and die before payment of your interest has commenced, your interest shall be paid to your surviving spouse in the form of a life annuity, unless at the time of your death there was a contrary election made pursuant to this Section. The foregoing notwithstanding, your surviving spouse may elect, before payment is to commence, to have payment made in any form permitted under the terms of this Contract. You may elect, at any time within the 90 consecutive day period before the first day of the first period for which your interest is paid as an annuity or in any other form, not to have your interest paid in the Normal Form in which case it shall be paid in any other form elected under the terms of this Contract. If such interest is to be paid to your spouse upon your death, you may elect, during the period beginning on the first day of the plan year of the Plan in which you attain age 35 years (or, or if you separate from service Service prior to that plan year, beginning on the date of separation) and ending with your death, for a beneficiary other than your spouse to receive payment of the value of your interest. In addition, if you will not yet attain age 35 years by the end of any current plan year, you may make a special qualified election to designate a beneficiary other than your spouse to receive payment of the value of your interest. Such special qualified election shall be effective for the period beginning on the date of such election and ending on the first day of the plan year in which you will attain age 35. Amounts payable in accordance with this Section will be automatically reinstated as of the first day of the plan year in which you attain age 35 unless a new election designating a beneficiary other than the spouse is made in accordance with the requirements of this Section. Any election described in the foregoing paragraph must be consented to by your spouse in writing before a notary public or a representative of the Plan, Plan unless you can prove that there is no spouse or that the spouse cannot be located. Also, if you have become legally separated from your spouse or have been abandoned (within the meaning of local law) and have a court order to such effect, spousal consent is not required unless a qualified domestic relations order provides otherwise. Your election must designate a specific beneficiary (including any class of beneficiaries or any contingent beneficiaries) that may not be changed without further consent of the spouse, unless the spouse's consent expressly permits designation by you without further consent of the spouse. The spouse's consent under this Section shall acknowledge the effect of the election. In addition, the spouse's consent (or the establishment that the consent of the spouse may not be obtained) shall only be valid with respect to such spouse. Your waiver of the Normal Form 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 you without any further spousal consent). A consent that permits designations by you 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. If you make an election under this Section Section, you may revoke that election, without spousal consent, at any time before the first day of the first period for which an amount is paid as an annuity or in any other form. The provision requiring spousal consent in this Section shall also apply with regard to your election to terminate this Contract or make partial withdrawals pursuant to Sections 2.06 and 2.07 2.07, with respect to death benefits under Section 2.11 with respect to the Election and Commencement of Annuity Benefits pursuant to Section 3.03, and with respect to a beneficiary designation set forth in Section 4.04. Spousal consent, as described in this Section, is also required in the 90 day period before a Plan loan is granted to you pursuant to Section 2.10. If the Annuity Account Value applied to provide the spousal benefits on the date payment is to commence is in the aggregate less than $3,500, we may choose to make payment in a single sum rather than in the form of a Qualified Joint and Survivor Life Annuity or Life Annuity as described herein. Upon any payment made pursuant to this Section, we will be released from any and all liability for payment with respect to the Contributions made for you.. --------------------------------------------------------------------------------
Appears in 1 contract
Samples: Annuity Contract (Separate Account a of Equitable Life Assu Soc of the Us)
SPECIAL ANNUITY AND SPOUSAL CONSENT PROVISIONS. If you are married, your interest in this Contract shall be paid in the Normal Form joint and survivor annuity, and if you are unmarried, your interest shall be paid in the Normal Form life annuity, unless you elect otherwise as described in this Section. If you are married and die before payment of your interest has commenced, your interest shall be paid to your surviving spouse in the form of a life annuity, unless at the time of your death there was a contrary election made pursuant to this Section. The foregoing notwithstanding, your surviving spouse may elect, before payment is to commence, to have payment made in any form permitted under the terms of this Contract. You may elect, at any time within the 90 consecutive day period before the first day of the first period for which your interest is paid as an annuity or in any other form, not to have your interest paid in the Normal Form Form, in which case it shall be paid in any other form elected under the terms of this Contract. If such interest is to be paid to your spouse upon your death, you may elect, during the period beginning on the first day of the plan year of the Plan in which you attain age 35 (or, if you separate from service prior to that plan year, beginning on the date of separation) and ending with your death, for a beneficiary other than your spouse to receive payment of the value of your interest. In addition, if you will not yet attain age 35 by the end of any current plan year, you may make a special qualified election to designate a beneficiary other than your spouse to receive payment of the value of your interest. Such special qualified election shall be effective for the period beginning on the date of such election and ending on the first day of the plan year in which you will attain age 35. Amounts payable in accordance with this Section will be automatically reinstated as of the first day of the plan year in which you attain age 35 unless a new election designating a beneficiary other than the spouse is made in accordance with the requirements of this Section. Any election described in the foregoing paragraph must be consented to by your spouse in writing before a notary public or a representative of the Plan, unless you can prove that there is no spouse or that the spouse cannot be located. Also, if you have become legally separated from your spouse or have been abandoned (within the meaning of the local law) and have a court order to such effect, spousal consent is not required unless a qualified domestic relations order provides otherwise. Your election must designate a specific beneficiary (including any class of beneficiaries or any contingent beneficiaries) that may not be changed without further consent of the spouse, unless the spouse's consent expressly permits designation by you without further consent of the spouse. The spouse's consent under this Section shall acknowledge the effect of the election. In addition, the spouse's consent (or the establishment that the consent of the spouse may not be obtained) shall only be valid with respect to such spouse. Your waiver of the Normal Form 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 you without any further spousal consent). A consent that permits designations by you 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. If you make an election under this Section you may revoke that election, without spousal consent, at any time before the first day of the first period for which an amount is paid as an annuity or in any other form. The provision requiring spousal consent in this Section shall also apply with regard to your election to terminate this Contract or make partial withdrawals pursuant to Sections 2.06 and 2.07 and with respect to a beneficiary designation set forth in Section 4.04. Spousal consent, as described in this Section, is also required in the 90 day period before a Plan loan is granted to you pursuant to Section 2.10. If the Annuity Account Value applied to provide the spousal benefits on the date payment is to commence is in the aggregate less than $3,500, we may choose to make payment in a single sum rather than in the form of a Qualified Joint and Survivor Annuity or Life Annuity as described herein. Upon any payment made pursuant to this Section, we will be released from any and all liability for payment with respect to the Contributions made for you.. -------------------------------------------------------------------------------
Appears in 1 contract
Samples: Annuity Contract (Separate Account a of Equitable Life Assu Soc of the Us)