Special Transitional Rules Sample Clauses

Special Transitional Rules. 10.13 ARTICLE XI -- INVESTMENT ELECTIONS

Special Transitional Rules. Any Employee of the Sponsor who was an Employee prior to January 20, 1995 and was a participant in the 401(k) Savings Plan, prior to its merger into the Plan, shall have his Active Service for all purposes calculated under the provisions of the Plan in effect before January 20, 1995, if that method of calculating his Active Service is more beneficial for him than the method otherwise set out in this Article X. In addition, any Employee of N▇▇▇▇▇▇ Aluminum-Alabama who was a participant in the Decatur Plan shall have his Active Service for all purposes calculated under the provisions of the Decatur Plan in effect before July 1, 1999, if that method of calculating his Active Service is more beneficial for him than the method otherwise set out in this Article X.

Special Transitional Rules. (1) If any Participant meets all of the following tests, then the rules set forth in (C) and (D) below shall apply: (i) The Participant had at least one Hour of Service under this Plan or a Predecessor Plan on or after September 2, 1974; (ii) The Participant separated from service prior to the first Plan Year beginning after December 31, 1975, and was not reemployed after such date; (iii) As of August 23, 1984, the Participant was alive; and (iv) As of August 23, 1984, the Participant's Annuity Starting Date had not occurred. (2) If any Participant meets all of the following tests, then the Participant may elect to have the Preretirement Survivor Annuity Rules of subsections (a) through (e) above apply to his distributions; and in addition the rules of (3) below shall apply: (i) The Participant had at least one Hour of Service under this Plan or a Predecessor Plan in the first Plan Year beginning on or after January 1, 1976; (ii) The Participant has had no Hours of Service with this Plan or a Predecessor Plan on or after August 23, 1984; (iii) When the Participant separated from service he had a nonforfeitable right to any portion of his Account Balance derived from Company contributions, and also had at least 10 Years of Eligibility Service under the Plan; (iv) As of August 23, 1984, the Participant was alive; and (v) As of August 23, 1984, the Participant's Annuity Starting Date had not occurred. (3) The respective opportunities to elect (as defined in Subsections (f)(2) and (f)(4) must be afforded to the appropriate participants during the period commencing on August 23, 1984, and ending on the date benefits would otherwise commence to said participants. (4) Any participant who is covered under Subsection (f)(1) of this article shall have his or her benefits distributed in accordance with all of the following requirements if benefits would have been payable in the form of a life annuity if he so elects: A. Automatic joint and survivor annuity. If benefits in the form of a life annuity become payable to a married participant who: (i) begins to receive payments under the plan on or after normal retirement age; or (ii) dies on or after normal retirement age while still working for the employer; or (iii) begins to receive payments on or after the qualified early retirement age; or (iv) separates from service on or after attaining normal retirement age (or the qualified early retirement age) and after satisfying the eligibility requirements for the payment o...