Common use of Spousal Consent Required Clause in Contracts

Spousal Consent Required. Any election by the Participant to waive the qualified joint and survivor annuity form of distribution or the qualified pre-retirement survivor annuity shall not be effective unless: (a) The Participant’s spouse consents in writing to the Participant’s election; (b) The Participant’s election designates the specific nonspouse Beneficiary (including any class of Beneficiaries or contingent Beneficiaries) to receive the Participant’s benefits under the Account upon the Participant’s death, which Beneficiary designation shall not be thereafter changed by the Participant without further spousal consent (unless the spouse expressly permits subsequent Beneficiary designations by the Participant without further spousal consent); (c) In the case of a waiver of the qualified joint and survivor annuity, the Participant’s election specifies the optional form of distribution elected by the Participant under Article 5.2(c) of this Appendix, which may not be thereafter changed by the Participant without further spousal consent (unless the spouse expressly permits subsequent changes by the Participant without further spousal consent); (d) The spouse’s consent acknowledges the effect of the Participant’s election; and (e) The spouse’s consent is witnessed by a Plan representative or a notary public. Notwithstanding the preceding, if the Participant establishes to the satisfaction of the Plan Administrator that there is no spouse or that the spouse cannot be located, the Participant’s election to waive the qualified joint and survivor annuity form of distribution or the qualified pre-retirement survivor annuity shall be deemed a qualified election for which no spousal consent is required.

Spousal Consent Required. Any An election by the Participant to waive the qualified joint and survivor any annuity form of distribution or the qualified pre-retirement survivor annuity benefit shall not be effective unless: (a) The Participant’s take effect unless the spouse of the Participant consents in writing to the Participant’s election; (b) The Participant’s , such election designates the a specific nonspouse Beneficiary (beneficiary, including any class of Beneficiaries beneficiaries or contingent Beneficiaries) to receive the Participant’s benefits under the Account upon the Participant’s deathbeneficiaries, which Beneficiary designation shall not be thereafter changed by the Participant without further spousal consent (unless the spouse expressly permits subsequent Beneficiary designations by the Participant without further spousal consent); (c) In or, solely in the case of a waiver of the qualified joint a Joint and survivor annuitySurvivor Annuity, the Participant’s election specifies the optional a form of distribution elected by the Participant under Article 5.2(c) of this Appendix, benefits which may not be thereafter changed without spousal consent (or the consent of the spouse expressly permits designations by the Participant without any requirement of further spousal consent (unless the spouse expressly permits subsequent changes by the Participant without further spousal consentspouse); (d) The , and the spouse’s 's consent acknowledges the effect of the Participant’s election; and (e) The spouse’s consent such election and is witnessed by a Plan representative or a notary public. Notwithstanding the preceding, if the Participant establishes or it is established to the satisfaction of the Plan Administrator that such consent cannot be obtained because there is no spouse or that because the spouse cannot be located, . A spouse may not revoke the consent without the approval of the Participant’s election . Any consent by a spouse obtained under this provision (or establishment that the consent of a spouse may not be obtained) shall be effective only with respect to waive such spouse. A consent that permits designations by the qualified joint Participant without any requirement of further consent by such spouse must acknowledge that the spouse has the right to limit consent to a specific beneficiary, and survivor annuity a specific form of distribution benefit where applicable, and that the spouse voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver may be made by a Participant without the qualified pre-retirement survivor annuity consent of the spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be deemed a qualified election for which no spousal consent is requiredvalid unless the Participant has received notice as provided in subsection (4) below.

Spousal Consent Required. Any election by the a Participant to waive the qualified joint and survivor annuity form of distribution or the qualified pre-retirement preretirement survivor annuity under (a) above shall not be effective unless: (ai) The the Participant’s 's spouse consents in writing to the Participant’s 's election; (bii) The Participant’s 's election designates the specific nonspouse non-spouse Beneficiary (including any class of Beneficiaries or contingent Beneficiaries) to receive the Participant’s 's benefits under the Account Plan upon the Participant’s 's death, which Beneficiary designation shall not be thereafter changed by the Participant without further spousal consent (unless the spouse expressly permits subsequent Beneficiary designations by the Participant without further spousal consent); (ciii) the spouse is consent acknowledges the effect of the Participant's election; and (iv) the spouse's consent is witnessed by a Plan representative or a notary public. In addition, in the case of a waiver of the qualified joint and survivor annuity, the Participant’s 's election specifies shall specify the optional form of distribution elected by the Participant under Article 5.2(c) of this Appendix, 8.3 which may not be thereafter changed by the Participant without further spousal consent (unless the spouse expressly permits subsequent changes by the Participant without further spousal consent); (d) The spouse’s consent acknowledges the effect of the Participant’s election; and (e) The spouse’s consent is witnessed by a Plan representative or a notary public. Notwithstanding the preceding, if the Participant establishes to the satisfaction of the Plan Administrator that there is no spouse or that the spouse cannot be located, the Participant’s 's election to waive the qualified joint and survivor annuity form of distribution or the qualified pre-retirement preretirement survivor annuity 0amuity shall be deemed a qualified election for which no spousal consent is required. Any consent by a spouse, or establishment that the consent of a spouse may not be obtained, shall not be effective with respect to any other spouse. Any spousal consent which permits subsequent changes by the Participant to the Beneficiary designation or optional. form of distribution without the requirement of further spousal consent shall acknowledge that the spouse has the right to limit such consent to a specific Beneficiary or optional form of distribution, and that the spouse voluntarily elects to relinquish such right. A Participant may revoke any prior waiver of the qualified joint and survivor annuity or qualified preretirement survivor annuity at any time prior to the commencement of benefits without the consent of his or her spouse, and the number of such revocations shall not be limited. Any new waiver of the qualified joint and survivor annuity or qualified preretirement survivor annuity, or any change to an existing Beneficiary designation by a Participant under Article 8.16 which was in effect at the time of a waiver of the qualified joint and survivor annuity or qualified preretirement survivor annuity, shall require a new spousal consent in accordance with this Article 8.10(b). No consent obtained under this Article 8.10(b) shall be valid unless the Participant has received the appropriate notice and written explanation as provided in Article 8.9.

Spousal Consent Required. Any An election by the Participant to waive the qualified joint and survivor any annuity form of distribution or the qualified pre-retirement survivor annuity benefit shall not be effective unless: (a) The Participant’s take effect unless the spouse of the Participant consents in writing to the Participant’s election; (b) The Participant’s , such election designates the a specific nonspouse Beneficiary (Beneficiary, including any class of Beneficiaries or contingent Beneficiaries) to receive the Participant’s benefits under the Account upon the Participant’s death, which Beneficiary designation shall not be thereafter changed by the Participant without further spousal consent (unless the spouse expressly permits subsequent Beneficiary designations by the Participant without further spousal consent); (c) In or, solely in the case of a waiver of the qualified joint a Qualified Joint and survivor annuitySurvivor Annuity, the Participant’s election specifies the optional a form of distribution elected by the Participant under Article 5.2(c) of this Appendix, benefit which may not be thereafter changed without spousal consent (or the consent of the spouse expressly permits designations by the Participant without any requirement or further spousal consent (unless the spouse expressly permits subsequent changes by the Participant without further spousal consentspouse); (d) The , and the spouse’s 's consent acknowledges the effect of the Participant’s election; and (e) The spouse’s consent such election and is witnessed by a Plan representative or a notary public. Notwithstanding the preceding, if the Participant establishes or it is established to the satisfaction of the Plan Administrator that such consent cannot be obtained because there is no spouse or that because the spouse cannot be located. Any consent by a spouse obtained under this provision (or establishment that the consent of a spouse may not be obtained) shall be effective only with respect to such spouse. A consent that permits designations by the Participant without any requirement of further consent by such spouse must acknowledge that the spouse has the right to limit consent to a specific Beneficiary, the Participant’s election to waive the qualified joint and survivor annuity a specific form of distribution benefit where applicable, and that the spouse voluntarily elects to relinquish either or both of such rights. A revocation of a prior waiver may be made by a Participant without the qualified pre-retirement survivor annuity consent of the spouse at any time before the commencement of benefits. The number of revocations shall not be limited. No consent obtained under this provision shall be deemed a qualified election for which no spousal consent is requiredvalid unless the Participant has received notice as provided in subsection (4) below.

Spousal Consent Required. Any An election by the Participant to waive the qualified joint Qualified Joint and survivor annuity Survivor Annuity form of distribution or the qualified pre-retirement survivor annuity benefit shall not be effective unless: take effect unless (a1) The Participant’s the spouse of the Participant consents in writing to the Participant’s election; (b) The Participant’s , the election designates the specific nonspouse a Beneficiary (including any class or form of Beneficiaries or contingent Beneficiaries) to receive the Participant’s benefits under the Account upon the Participant’s death, which Beneficiary designation shall may not be thereafter changed by the Participant without further spousal consent (unless or the consent of the spouse expressly permits subsequent Beneficiary designations by the Participant without any requirement of further spousal consentconsent by the spouse); (c) In the case of a waiver of the qualified joint and survivor annuity, the Participant’s election specifies the optional form of distribution elected by the Participant under Article 5.2(c) of this Appendix, which may not be thereafter changed by the Participant without further spousal consent (unless the spouse expressly permits subsequent changes by the Participant without further spousal consent); (d) The spouse’s 's consent acknowledges the effect of such election, and the Participant’s election; and (e) The spouse’s consent is witnessed by a Plan representative or a notary public. Notwithstanding the preceding, if the Participant establishes ; or (2) it is established to the satisfaction of the Plan Administrator that such consent cannot be obtained because there is no spouse or that spouse, because the spouse cannot be located, or because of other circumstances permitted by applicable regulations. Any consent by a spouse (or establishment that the Participant’s election consent of a spouse cannot be obtained) shall be effective only with respect to waive such spouse. The designation of a Beneficiary other than the qualified joint spouse of the Participant (with the consent of such spouse) must acknowledge the specific non-spouse Beneficiary, including any class of Beneficiaries or any contingent Beneficiaries. A consent that permits designations by the Participant without any requirement of further consent by such spouse must acknowledge that the spouse has the right to limit consent to a specific beneficiary, and survivor annuity a specific form of distribution benefit where applicable, and that the spouse voluntarily elects to relinquish either or both of such rights. A Participant may revoke a prior waiver without the qualified pre-retirement survivor annuity consent of the spouse at any time prior to the commencement of benefits. The number of waivers and revocations shall not be limited. No consent obtained under this provision shall be deemed a qualified election for which no spousal consent is requiredvalid unless the Participant has received notice as provided in Subsection (e) below.

Spousal Consent Required. Any An election by the Participant to waive the qualified joint and survivor any annuity form of distribution or the qualified pre-retirement survivor annuity benefit shall not be effective unless: take effect unless (a1) The Participant’s the spouse of the Participant consents in writing to the Participant’s election; (b) The Participant’s , such election designates the a specific nonspouse Beneficiary (Beneficiary, including any class of Beneficiaries or contingent Beneficiaries) to receive the Participant’s benefits under the Account upon the Participant’s death, which Beneficiary designation shall not be thereafter changed by the Participant without further spousal consent (unless the spouse expressly permits subsequent Beneficiary designations by the Participant without further spousal consent); (c) In or, solely in the case of a waiver of the qualified joint a Qualified Joint and survivor annuitySurvivor Annuity, the Participant’s election specifies the optional a form of distribution elected by the Participant under Article 5.2(c) of this Appendixbenefit, which that may not be thereafter changed without spousal consent (or the consent of the spouse expressly permits designations by the Participant without any requirement of further spousal consent (unless the spouse expressly permits subsequent changes by the Participant without further spousal consentspouse); (d) The , and the spouse’s consent acknowledges the effect of the Participant’s election; and (e) The spouse’s consent such election and is witnessed by a Plan representative or a notary public. Notwithstanding the preceding, if or (2) the Participant establishes to the satisfaction of the Plan Administrator that such consent cannot be obtained because there is no spouse or that spouse, because the spouse cannot be located, or because of other circumstances permitted by applicable regulations. Any consent by a spouse obtained under this provision (or establishment that the Participant’s election consent of a spouse may not be obtained) shall be effective only with respect to waive such spouse. A consent that permits designations by the qualified joint Participant without any requirement of further consent by such spouse must acknowledge that the spouse has the right to limit consent to a specific Beneficiary, and survivor annuity a specific form of distribution benefit where applicable, and that the spouse voluntarily elects to relinquish either or both of such rights. A Participant may revoke a prior waiver without the qualified pre-retirement survivor annuity consent of the spouse at any time before the commencement of benefits. The number of waivers and revocations shall not be limited. No consent obtained under this provision shall be deemed a qualified election for which no spousal consent is requiredvalid unless the Participant has received notice as provided in Subsection (d) below.

Spousal Consent Required. Any election by the Participant to waive the qualified joint and survivor annuity form of distribution or the qualified pre-retirement survivor annuity shall not be effective unless: (a) The Participant’s spouse consents in writing to the Participant’s electionParticipant’selection; (b) The Participant’s election designates the specific nonspouse Beneficiary (including any class of Beneficiaries or contingent Beneficiaries) to receive the Participant’s benefits under the Account upon the Participant’s death, which Beneficiary designation shall not be thereafter changed by the Participant without further spousal consent (unless the spouse expressly permits subsequent Beneficiary designations by the Participant without further spousal consent); (c) In the case of a waiver of the qualified joint and survivor annuity, the Participant’s election specifies the optional form of distribution elected by the Participant under Article 5.2(c) of this Appendix, which may not be thereafter changed by the Participant without further spousal consent (unless the spouse expressly permits subsequent changes by the Participant without further spousal consent); (d) The spouse’s consent acknowledges the effect of the Participant’s election; and (e) The spouse’s consent is witnessed by a Plan representative or a notary public. Notwithstanding the preceding, if the Participant establishes to the satisfaction of the Plan Administrator that there is no spouse or that the spouse cannot be located, the Participant’s election to waive the qualified joint and survivor annuity form of distribution or the qualified pre-retirement survivor annuity shall be deemed a qualified election for which no spousal consent is required.