Common use of Spousal Consent Required Clause in Contracts

Spousal Consent Required. An election to waive any annuity form of benefit shall not take effect unless the spouse of the Participant consents in writing to the election, such election designates a specific beneficiary, including any class of beneficiaries or contingent beneficiaries, or, solely in the case of a waiver of a Joint and Survivor Annuity, a form of benefits which may not be changed without spousal consent (or the consent of the spouse expressly permits designations by the Participant without any requirement of further consent by the spouse), and the spouse's consent acknowledges the effect of such election and is witnessed by a Plan representative or a notary public, or it is established to the satisfaction of the Plan Administrator that such consent cannot be obtained because there is no spouse or because the spouse cannot be located. A spouse may not revoke the consent without the approval of the Participant. 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, and a specific form of 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 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 valid unless the Participant has received notice as provided in subsection (4) below.

Appears in 2 contracts

Samples: Capstone Pharmacy Services Inc, Southbanc Shares Inc

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Spousal Consent Required. An election to waive any annuity form of benefit shall not take effect unless (1) the spouse of the Participant consents in writing to the election, such election designates a specific beneficiaryBeneficiary, including any class of beneficiaries Beneficiaries or contingent beneficiariesBeneficiaries, or, solely in the case of a waiver of a Qualified Joint and Survivor Annuity, a form of benefits which benefit, that may not be changed without spousal consent (or the consent of the spouse expressly permits designations by the Participant without any requirement of further consent by the spouse), and the spouse's ’s consent acknowledges the effect of such election and is witnessed by a Plan representative or a notary public, or it is established (2) the Participant establishes to the satisfaction of the Plan Administrator that such consent cannot be obtained because there is no spouse or spouse, because the spouse cannot be located. A spouse may not revoke the consent without the approval , or because of the Participantother circumstances permitted by applicable regulations. 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 beneficiaryBeneficiary, and a specific form of benefit where applicable, and that the spouse voluntarily elects to relinquish either or both of such rights. A revocation of Participant may revoke a prior waiver may be made by a Participant without the 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 valid unless the Participant has received notice as provided in subsection Subsection (4d) below.

Appears in 1 contract

Samples: Adoption Agreement (Eureka Financial Corp.)

Spousal Consent Required. An election to waive any annuity the Qualified Joint and Survivor Annuity form of benefit shall not take effect unless (1) the spouse of the Participant consents in writing to the election, such the election designates a specific beneficiary, including any class of beneficiaries Beneficiary or contingent beneficiaries, or, solely in the case of a waiver of a Joint and Survivor Annuity, a form of benefits which may not be changed without spousal consent (or the consent of the spouse expressly permits designations by the Participant without any requirement of further consent by the spouse), and the spouse's consent acknowledges the effect of such election election, and the consent is witnessed by a Plan representative or a notary public, ; or (2) it is established to the satisfaction of the Plan Administrator that such consent cannot be obtained because there is no spouse or spouse, because the spouse cannot be located. A spouse may not revoke the consent without the approval , or because of the Participantother circumstances permitted by applicable regulations. Any consent by a spouse obtained under this provision (or establishment that the consent of a spouse may cannot be obtained) shall be effective only with respect to such spouse. The designation of a Beneficiary other than the 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 a specific form of benefit where applicable, and that the spouse voluntarily elects to relinquish either or both of such rights. A revocation of Participant may revoke a prior waiver may be made by a Participant without the consent of the spouse at any time before prior to the commencement of benefits. The number of waivers and revocations shall not be limited. No consent obtained under this provision shall be valid unless the Participant has received notice as provided in subsection Subsection (4e) below.

Appears in 1 contract

Samples: Agreement (Floridian Financial Group Inc)

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Spousal Consent Required. An election to waive any annuity form of benefit shall not take effect unless the spouse of the Participant consents in writing to the election, such election designates a specific beneficiaryBeneficiary, including any class of beneficiaries Beneficiaries or contingent beneficiariesBeneficiaries, or, solely in the case of a waiver of a Qualified Joint and Survivor Annuity, a form of benefits benefit which may not be changed without spousal consent (or the consent of the spouse expressly permits designations by the Participant without any requirement of or further consent by the spouse), and the spouse's consent acknowledges the effect of such election and is witnessed by a Plan representative or a notary public, or it is established to the satisfaction of the Plan Administrator that such consent cannot be obtained because there is no spouse or because the spouse cannot be located. A spouse may not revoke the consent without the approval of the Participant. 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 beneficiaryBeneficiary, and a specific form of 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 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 valid unless the Participant has received notice as provided in subsection (4) below.

Appears in 1 contract

Samples: Southwest Community Bancorp

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