Common use of Surviving Spouse Benefit Clause in Contracts

Surviving Spouse Benefit. ‌ (a) In the event a Participant dies prior to attaining his Benefit Commencement Date and is survived by a spouse to whom he has been legally married for all of the preceding 365 days, a monthly Surviving Spouse Benefit shall be payable to such spouse commencing with the later of the first day of the month coinciding with or next following the month during which the Participant's death occurs, or the first day of the month coinciding with or next following the month during which the Participant would have reached the applicable Early Retirement Date or Normal Retirement Date had he lived, and ending with the benefit for the month in which the spouse's death occurs. Notwithstanding the foregoing, no such distribution shall be made to the spouse prior to the date the Participant would have attained age 65 unless the spouse gives a written consent to the distribution, provided the consent is not required if the value of the Participant’s Individual Account is equal to or less than the Cash-Out Amount. (b) The actual amount of the Surviving Spouse Benefit will be the monthly annuity benefit provided by the annuity or annuities purchased with the amounts in the Participant's Individual Account, as provided in Article VI, Section 1. The type of annuity will be a straight life annuity for the life of the surviving spouse. (c) Notwithstanding the foregoing, a spouse entitled to a Surviving Spouse Benefit in accordance with the provisions of this Section 6 may elect a cash lump sum benefit in an amount equal to the balance of the Participant's Individual Account, as provided in Article VI, Section 1. For the purpose of the preceding sentence, the spouse's election to receive a surviving spouse benefit under the Pension Plan in a lump sum shall be treated as an election of a lump sum under this Plan. The Directors shall send each surviving spouse a written explanation of the terms and conditions of the Surviving Spouse Benefit and of the spouse's right to elect a cash lump sum benefit hereunder. Any such election of the lump sum benefit in lieu of an annuity form shall be in writing and shall bear the notarized signature of the spouse. (d) For purposes of this Article V, Section 6 (and Article II, Section 4), a “spouse” or “surviving spouse” must submit proof that is satisfactory, in the sole discretion of the Directors, that he or she was previously married to the Participant and must also certify that no legal divorce or separation occurred prior to the Participant’s death. Upon submission of such satisfactory proof, the Plan may notify the Participant’s Beneficiary (and may also notify any contingent beneficiaries) that a Surviving Spouse Benefit (or death benefit) is payable to the Participant’s surviving spouse. The Participant’s Beneficiary shall have ninety (90) days after such notification to submit satisfactory proof, in the sole discretion of the Directors, that the Participant was not married to the person claiming to be the surviving spouse. At the end of such ninety (90) day period, in the sole discretion of the Directors, the Plan may either (i) based on the Plan’s determination as to whether or not there is a surviving spouse, pay a Surviving Spouse Benefit (or death benefit) to the surviving spouse or pay any applicable death benefit to the Beneficiary, or

Surviving Spouse Benefit. ‌ (a) In the event a Participant dies prior to attaining his Benefit Commencement Date and is survived by a spouse to whom he has been legally married for all of the preceding 365 days, a monthly Surviving Spouse Benefit shall be payable to such spouse commencing with the later of the first day of the month coinciding with or next following the month during which the Participant's death occurs, or the first day of the month coinciding with or next following the month during which the Participant would have reached the applicable Early Retirement Date or Normal Retirement Date had he lived, and ending with the benefit for the month in which the spouse's death occurs. Notwithstanding the foregoing, no such distribution shall be made to the spouse prior to the date the Participant would have attained age 65 unless the spouse gives a written consent to the distribution, provided the consent is not required if the value of the Participant’s Individual Account is equal to or less than the Cash-Out Amount. (b) The actual amount of the Surviving Spouse Benefit will be the monthly annuity benefit provided by the annuity or annuities purchased with the amounts in the Participant's Individual Account, as provided in Article VI, Section 1. The type of annuity will be a straight life annuity for the life of the surviving spouse. (c) Notwithstanding the foregoing, a spouse entitled to a Surviving Spouse Benefit in accordance with the provisions of this Section 6 may elect a cash lump sum benefit in an amount equal to the balance of the Participant's Individual Account, as provided in Article VI, Section 1. For the purpose of the preceding sentence, the spouse's election to receive a surviving spouse benefit under the Pension Plan in a lump sum shall be treated as an election of a lump sum under this Plan. The Directors shall send each surviving spouse a written explanation of the terms and conditions of the Surviving Spouse Benefit and of the spouse's right to elect a cash lump sum 105 AMENDED – Amendment LII, March 25, 2004, retroactively effective January 1, 2004, Article V, Section 5(d). 106 AMENDED – Amendment XXXI, August 23, 2000, effective August 23, 2000. AMENDED — Amendment XXXII, December 20, 2000, effective January 1, 2001. 1993 Restated Trust Agreement (Inclusive of Amendments I through XCIX) benefit hereunder. Any such election of the lump sum benefit in lieu of an annuity form shall be in writing and shall bear the notarized signature of the spouse. (d) For purposes of this Article V, Section 6 (and Article II, Section 4), a “spouse” or “surviving spouse” must submit proof that is satisfactory, in the sole discretion of the Directors, that he or she was previously married to the Participant and must also certify that no legal divorce or separation occurred prior to the Participant’s death. Upon submission of such satisfactory proof, the Plan may notify the Participant’s Beneficiary (and may also notify any contingent beneficiaries) that a Surviving Spouse Benefit (or death benefit) is payable to the Participant’s surviving spouse. The Participant’s Beneficiary shall have ninety (90) days after such notification to submit satisfactory proof, in the sole discretion of the Directors, that the Participant was not married to the person claiming to be the surviving spouse. At the end of such ninety (90) day period, in the sole discretion of the Directors, the Plan may either (i) based on the Plan’s determination as to whether or not there is a surviving spouse, pay a Surviving Spouse Benefit (or death benefit) to the surviving spouse or pay any applicable death benefit to the Beneficiary, or

Surviving Spouse Benefit. ‌ (a) In the event a Participant who (1) has a vested interest in the Plan (within the meaning of Article II, Section 3); (2) dies after August 22, 1984, and prior to attaining his Benefit Commencement Date and Date; and (3) is survived by a spouse to whom he has been legally married for all of the preceding 365 three hundred sixty-five (365) days, ; a monthly Surviving Spouse Benefit shall be payable to such spouse commencing with the later of the first day of the month coinciding with or next following the month during which later of the date of the Participant's death occurs’s death, or the first day of the month coinciding with or next following the month during which the Participant would have reached the applicable Early Retirement Date or Normal Retirement Date had he lived, and ending with the benefit for the month in which the spouse's death occurs. (b) If the Participant is younger than the applicable Early Retirement Date under Section 9 of Article I on the date of death, the amount of the monthly Surviving Spouse Benefit shall be calculated as if the Participant had left employment covered by the Plan on the earlier of the date he has worked in employment covered by the Plan or the date of death, retired on a Joint and 50% Survivor Annuity as set forth in Section 6 of Article IV upon reaching the applicable Early Retirement Date, and died on the last day of the month in which the applicable Early Retirement Date was reached. If the Participant is older than the applicable Early Retirement Date on the date of death, the amount of the monthly Surviving Spouse Benefit shall be calculated as if the Participant had elected the standard form of benefit of married Participants as set forth in Section 6 of Article IV with the first day of the month coinciding with or next following the Participant's date of death treated as his Early, Normal or Late Retirement Date, whichever is applicable. (c) A surviving spouse eligible to receive a Surviving Spouse Benefit under the provisions of this Section 6 may elect not to receive such benefit by delivery of a written notice bearing the notarized signature of such spouse to such effect to the Directors, provided that in order to make 105 Section AMENDED – Amendment XXX, August 23, 2000. Section ADDED – Amendment XXXII, December 20, 2000, effective January 1, 2001 — new subsection (e) Restated 1993 Trust Agreement (Inclusive of Amendments I through CVI) such an election, the spouse must also elect to receive the surviving spouse benefit under the Individual Account Plan in a lump sum. In that event, the surviving spouse shall receive a lump sum equal to the greater of (1) the actuarial value (calculated using the factors in Article IV, Section 16(d)) of the monthly Surviving Spouse Benefit described in this Section 9 or (2) the death benefit specified in Article IV, Section 11(b) (even though the Participant was vested). (d) The Directors upon receiving notice of a Participant's death shall send the surviving spouse a written explanation of the terms, conditions and amount of the Surviving Spouse Benefit payable under this Section and of such surviving spouse's right to elect not to receive such benefit. The surviving spouse shall thereafter have ninety (90) days within which to elect not to receive such benefit. 106(e) Notwithstanding the foregoing, no such distribution shall be made to the spouse prior to the date the Participant would have attained age 65 unless the spouse gives a written consent to the distribution, provided the consent is not required if the value actuarial equivalent of the Participant’s Individual Account benefit (as determined pursuant to Article IV, Section 16(d)) is equal to or less than the Cash-Out Amount. . If written consent is not provided within 90 days after the date of the Participant’s death, the distribution shall be delayed to the first day of the month following receipt of written consent by the Participant’s spouse, and the amount of the benefit set forth in subsection (b) The actual amount of the Surviving Spouse Benefit will shall be the monthly annuity benefit provided by the annuity or annuities purchased with the amounts appropriately adjusted to reflect a delay in the Participant's Individual Account, as provided in Article VI, Section 1commencement of benefits until such date. The type of annuity will be a straight life annuity for the life of the surviving spouse. (c) Notwithstanding the foregoing, a spouse entitled to a Surviving Spouse Benefit in accordance with the provisions of this Section 6 may elect a cash lump sum benefit in an amount equal to the balance of the Participant's Individual Account, as provided in Article VI, Section 1. For the purpose of the preceding sentence, the spouse's election to receive a surviving spouse benefit under the Pension Plan in a lump sum shall be treated as an election of a lump sum under this Plan. The Directors shall send each surviving spouse a written explanation of the terms and conditions of the Surviving Spouse Benefit and of the spouse's right to elect a cash lump sum benefit hereunder. Any such election of the lump sum benefit in lieu of an annuity form shall be in writing and shall bear the notarized signature of the spouse. (d107(f) For purposes of this Article VIV, Section 6 9 (and Article III, Section 42(c) and Article IV, Section 11(b)), a “spouse” or “surviving spouse” must submit proof that is satisfactory, in the sole discretion of the Directors, that he or she was previously married to the Participant and must also certify that no legal divorce or separation occurred prior to the Participant’s death. Upon submission of such satisfactory proof, the Plan may notify the Participant’s Beneficiary (and may also notify any contingent beneficiaries) that a Surviving Spouse Benefit (or death benefit) is payable to the Participant’s surviving spouse. The Participant’s Beneficiary shall have ninety (90) days after such notification to submit satisfactory proof, in the sole discretion of the Directors, that the Participant was not married to the person claiming to be the surviving spouse. At the end of such ninety (90) day period, in the sole discretion of the Directors, the Plan may either (i) based on the Plan’s determination as to whether or not there is a surviving spouse, pay a Surviving Spouse Benefit (or death benefit) to the surviving spouse or pay any applicable death benefit to the Beneficiary, oror (ii) withhold payment for an additional period of time needed to determine the appropriate recipient of such payments and/or minimize the risk of double payment. No information about the surviving spouse or death benefits of a Participant or Pensioner shall be provided to any person other than his or her surviving spouse (if any) and Beneficiary; no such information shall be provided before the death of the Participant or Pensioner.

Surviving Spouse Benefit. ‌ (a) In the event a Participant who (1) has a vested interest in the Plan (within the meaning of Article II, Section 3); (2) dies after August 22, 1984, and prior to attaining his Benefit Commencement Date and Date; and (3) is survived by a spouse to whom he has been legally married for all of the preceding 365 three hundred sixty-five (365) days, ; a monthly Surviving Spouse Benefit shall be payable to such spouse commencing with the later of the first day of the month coinciding with or next following the month during which later of the date of the Participant's death occurs’s death, or the first day of the month coinciding with or next following the month during which the Participant would have reached the applicable Early Retirement Date or Normal Retirement Date had he lived, and ending with the benefit for the month in which the spouse's death occurs. (b) If the Participant is younger than the applicable Early Retirement Date under Section 9 of Article I on the date of death, the amount of the monthly Surviving Spouse Benefit shall be calculated as if the Participant had left employment covered by the Plan on the earlier of the date he has worked in employment covered by the Plan or the date of death, retired on a Joint and 50% Survivor Annuity as set forth in Section 6 of Article IV upon reaching the applicable Early Retirement Date, and died on the last day of the month in which the applicable Early Retirement Date was reached. If the Participant is older than the applicable Early Retirement Date on the date of death, the amount of the monthly Surviving Spouse Benefit shall be calculated as if the Participant had elected the standard form of benefit of married Participants as set forth in Section 6 of Article IV with the first day of the month coinciding with or next following the Participant's date of death treated as his Early, Normal or Late Retirement Date, whichever is applicable. (c) A surviving spouse eligible to receive a Surviving Spouse Benefit under the provisions of this Section 6 may elect not to receive such benefit by delivery of a written notice bearing the notarized signature of such spouse to such effect to the Directors, provided that in order to make such an election, the spouse must also elect to receive the surviving spouse benefit under the Individual Account Plan in a lump sum. In that event, the surviving spouse shall receive a lump sum equal to the greater of (1) the actuarial value (calculated using the factors in Article IV, Section 16(d)) of the monthly Surviving Spouse Benefit described in this Section 9 or (2) the death benefit specified in Article IV, Section 11(b) (even though the Participant was vested). 108 Section AMENDED – Amendment XXX, August 23, 2000. Section ADDED – Amendment XXXII, December 20, 2000, effective January 1, 2001 — new subsection (e) Restated 1993 Trust Agreement (Inclusive of Amendments I through CXII) (d) The Directors upon receiving notice of a Participant's death shall send the surviving spouse a written explanation of the terms, conditions and amount of the Surviving Spouse Benefit payable under this Section and of such surviving spouse's right to elect not to receive such benefit. The surviving spouse shall thereafter have ninety (90) days within which to elect not to receive such benefit. 109(e) Notwithstanding the foregoing, no such distribution shall be made to the spouse prior to the date the Participant would have attained age 65 unless the spouse gives a written consent to the distribution, provided the consent is not required if the value actuarial equivalent of the Participant’s Individual Account benefit (as determined pursuant to Article IV, Section 16(d)) is equal to or less than the Cash-Out Amount. . If written consent is not provided within 90 days after the date of the Participant’s death, the distribution shall be delayed to the first day of the month following receipt of written consent by the Participant’s spouse, and the amount of the benefit set forth in subsection (b) The actual amount of the Surviving Spouse Benefit will shall be the monthly annuity benefit provided by the annuity or annuities purchased with the amounts appropriately adjusted to reflect a delay in the Participant's Individual Account, as provided in Article VI, Section 1commencement of benefits until such date. The type of annuity will be a straight life annuity for the life of the surviving spouse. (c) Notwithstanding the foregoing, a spouse entitled to a Surviving Spouse Benefit in accordance with the provisions of this Section 6 may elect a cash lump sum benefit in an amount equal to the balance of the Participant's Individual Account, as provided in Article VI, Section 1. For the purpose of the preceding sentence, the spouse's election to receive a surviving spouse benefit under the Pension Plan in a lump sum shall be treated as an election of a lump sum under this Plan. The Directors shall send each surviving spouse a written explanation of the terms and conditions of the Surviving Spouse Benefit and of the spouse's right to elect a cash lump sum benefit hereunder. Any such election of the lump sum benefit in lieu of an annuity form shall be in writing and shall bear the notarized signature of the spouse. (d110(f) For purposes of this Article VIV, Section 6 9 (and Article III, Section 42(c) and Article IV, Section 11(b)), a “spouse” or “surviving spouse” must submit proof that is satisfactory, in the sole discretion of the Directors, that he or she was previously married to the Participant and must also certify that no legal divorce or separation occurred prior to the Participant’s death. Upon submission of such satisfactory proof, the Plan may notify the Participant’s Beneficiary (and may also notify any contingent beneficiaries) that a Surviving Spouse Benefit (or death benefit) is payable to the Participant’s surviving spouse. The Participant’s Beneficiary shall have ninety (90) days after such notification to submit satisfactory proof, in the sole discretion of the Directors, that the Participant was not married to the person claiming to be the surviving spouse. At the end of such ninety (90) day period, in the sole discretion of the Directors, the Plan may either (i) based on the Plan’s determination as to whether or not there is a surviving spouse, pay a Surviving Spouse Benefit (or death benefit) to the surviving spouse or pay any applicable death benefit to the Beneficiary, oror (ii) withhold payment for an additional period of time needed to determine the appropriate recipient of such payments and/or minimize the risk of double payment. No information about the surviving spouse or death benefits of a Participant or Pensioner shall be provided to any person other than his or her surviving spouse (if any) and Beneficiary; no such information shall be provided before the death of the Participant or Pensioner.

Surviving Spouse Benefit. ‌ (a) In the event a Participant who (1) has a vested interest in the Plan (within the meaning of Article II, Section 3); (2) dies after August 22, 1984, and prior to attaining his Benefit Commencement Date and Date; and (3) is survived by a spouse to whom he has been legally married for all of the preceding 365 three hundred sixty-five (365) days, ; a monthly Surviving Spouse Benefit shall be payable to such spouse commencing with the later of the first day of the month coinciding with or next following the month during which later of the date of the Participant's death occurs’s death, or the first day of the month coinciding with or next following the month during which the Participant would have reached the applicable Early Retirement Date or Normal Retirement Date had he lived, and ending with the benefit for the month in which the spouse's death occurs. (b) If the Participant is younger than the applicable Early Retirement Date under Section 9 of Article I on the date of death, the amount of the monthly Surviving Spouse Benefit shall be calculated as if the Participant had left employment covered by the Plan on the earlier of the date he has worked in employment covered by the Plan or the date of death, retired on a Joint and 50% Survivor Annuity as set forth in Section 6 of Article IV upon reaching the applicable Early Retirement Date, and died on the last day of the month in which the applicable Early Retirement Date was reached. If the Participant is older than the applicable Early Retirement Date on the date of death, the amount of the monthly Surviving Spouse Benefit shall be calculated as if the Participant had elected the standard form of benefit of married Participants as set forth in Section 6 of Article IV with the first day of the month coinciding with or next following the Participant's date of death treated as his Early, Normal or Late Retirement Date, whichever is applicable. (c) A surviving spouse eligible to receive a Surviving Spouse Benefit under the provisions of this Section 6 may elect not to receive such benefit by delivery of a written notice bearing the notarized signature of such spouse to such effect to the Directors, provided that in order to make 105 Section AMENDED – Amendment XXX, August 23, 2000. Section ADDED – Amendment XXXII, December 20, 2000, effective January 1, 2001 — new subsection (e) Restated 1993 Trust Agreement (Inclusive of Amendments I through CVII) such an election, the spouse must also elect to receive the surviving spouse benefit under the Individual Account Plan in a lump sum. In that event, the surviving spouse shall receive a lump sum equal to the greater of (1) the actuarial value (calculated using the factors in Article IV, Section 16(d)) of the monthly Surviving Spouse Benefit described in this Section 9 or (2) the death benefit specified in Article IV, Section 11(b) (even though the Participant was vested). (d) The Directors upon receiving notice of a Participant's death shall send the surviving spouse a written explanation of the terms, conditions and amount of the Surviving Spouse Benefit payable under this Section and of such surviving spouse's right to elect not to receive such benefit. The surviving spouse shall thereafter have ninety (90) days within which to elect not to receive such benefit. 106(e) Notwithstanding the foregoing, no such distribution shall be made to the spouse prior to the date the Participant would have attained age 65 unless the spouse gives a written consent to the distribution, provided the consent is not required if the value actuarial equivalent of the Participant’s Individual Account benefit (as determined pursuant to Article IV, Section 16(d)) is equal to or less than the Cash-Out Amount. . If written consent is not provided within 90 days after the date of the Participant’s death, the distribution shall be delayed to the first day of the month following receipt of written consent by the Participant’s spouse, and the amount of the benefit set forth in subsection (b) The actual amount of the Surviving Spouse Benefit will shall be the monthly annuity benefit provided by the annuity or annuities purchased with the amounts appropriately adjusted to reflect a delay in the Participant's Individual Account, as provided in Article VI, Section 1commencement of benefits until such date. The type of annuity will be a straight life annuity for the life of the surviving spouse. (c) Notwithstanding the foregoing, a spouse entitled to a Surviving Spouse Benefit in accordance with the provisions of this Section 6 may elect a cash lump sum benefit in an amount equal to the balance of the Participant's Individual Account, as provided in Article VI, Section 1. For the purpose of the preceding sentence, the spouse's election to receive a surviving spouse benefit under the Pension Plan in a lump sum shall be treated as an election of a lump sum under this Plan. The Directors shall send each surviving spouse a written explanation of the terms and conditions of the Surviving Spouse Benefit and of the spouse's right to elect a cash lump sum benefit hereunder. Any such election of the lump sum benefit in lieu of an annuity form shall be in writing and shall bear the notarized signature of the spouse. (d107(f) For purposes of this Article VIV, Section 6 9 (and Article III, Section 42(c) and Article IV, Section 11(b)), a “spouse” or “surviving spouse” must submit proof that is satisfactory, in the sole discretion of the Directors, that he or she was previously married to the Participant and must also certify that no legal divorce or separation occurred prior to the Participant’s death. Upon submission of such satisfactory proof, the Plan may notify the Participant’s Beneficiary (and may also notify any contingent beneficiaries) that a Surviving Spouse Benefit (or death benefit) is payable to the Participant’s surviving spouse. The Participant’s Beneficiary shall have ninety (90) days after such notification to submit satisfactory proof, in the sole discretion of the Directors, that the Participant was not married to the person claiming to be the surviving spouse. At the end of such ninety (90) day period, in the sole discretion of the Directors, the Plan may either (i) based on the Plan’s determination as to whether or not there is a surviving spouse, pay a Surviving Spouse Benefit (or death benefit) to the surviving spouse or pay any applicable death benefit to the Beneficiary, oror (ii) withhold payment for an additional period of time needed to determine the appropriate recipient of such payments and/or minimize the risk of double payment. No information about the surviving spouse or death benefits of a Participant or Pensioner shall be provided to any person other than his or her surviving spouse (if any) and Beneficiary; no such information shall be provided before the death of the Participant or Pensioner.